Thursday, June 30, 2011

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  • Macaca
    12-30 06:50 PM
    Why does China block foreign websites? (http://blogs.telegraph.co.uk/news/malcolmmoore/100070017/why-does-china-block-foreign-websites/) By Malcolm Moore | Daily Telegraph

    Skype has joined the ever-growing list of internet companies that are now unwelcome in China.

    Facebook, YouTube, Twitter, Foursquare, Vimeo, Blogger, Blogspot, Wikileaks and Hulu are some of the others.

    In the West, the automatic assumption is that China is scared of greater internet freedom. If it relaxes its grip on YouTube, for example, Chinese internet users might suddenly all start looking at videos of the Tiananmen Square massacre.

    Actually, while China does ban some of the websites because of the information they contain (Amnesty, Wikileaks), the ban on the others is nothing more than plain old protectionism.

    China is keeping YouTube out because it has its own domestic video sites � Tudou and Youku � and it wants them to grow and prosper. Youku just made its debut on the New York Stock Exchange and is now worth around $5 billion.

    Google�s departure has hugely benefited Baidu and now Alibaba, which has pushed the US giant into third place in the Chinese market.

    Likewise for Facebook. China doesn�t mind social networking. Its domestic Facebook clones, Renren and Kaixin001, boast 100 million users between them.

    Sina Weibo, the Chinese version of Twitter, is seeing its user numbers rise by 50 per cent every week. From last year to this year the number of Chinese microbloggers rose from 8 million to 125 million.

    Chinese microbloggers have scored some notable successes against the government this year, helping to highlight and, in some cases correct, a series of injustices.

    Of course, the Communist party also finds it easier to control (and censor) domestic web companies than foreign firms, so keeping out the likes of Twitter makes the strategy a double-win.

    Today�s revelation that Skype is now illegal is a continuation of the trend. In this case, the government is clearly supporting the home-grown services offered by its state-owned companies, China Telecom and China Unicom.

    These are more expensive than Skype, require both a hefty monthly fee and then higher call charges, and would probably flounder (as they have to date) without the government�s help.

    Stamping out foreign competition is nothing new. All countries do it. But China is quickly becoming the most aggressive and protectionist country out there.

    Perhaps after a few years the government will be pressured to let these foreign internet companies back in � Facebook already seems to be negotiating a return � but by then, they will have been firmly left in the dust by their Chinese rivals.




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  • setpit_gc
    08-06 11:36 AM
    Rolling Flood,

    Please go ahead file your law suit. Why are you wasting your time here?.
    Come back and say that it has been filed.




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  • new_horizon
    12-17 05:06 PM
    the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.

    In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.

    But the bible also says that God is forgiving. The Bible says the following:
    "If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)

    Also it says in the book of John (chapter 3 verse 16):
    "For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".




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  • soni7007
    08-06 04:01 PM
    Yes, i agree that it is unpredictable and no one can guarantee as to which one will move faster.
    But, it can go either way, may be 2002 EB3 goes current before 2005 Eb2 or vice-versa. Atleast they will have an equal chance and position. However, in the other case, when u allow porting, then A (EB3, PD 2002) will be strictly ahead of B (EB2, PD 2005)


    According to you A acquires skills over a period of time and so does a person who went for higher education and is EB2. You also say that if there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position.

    At this point both of us agree that A and B are equal, right?

    If they both are EQUAL, then can you guarantee that both PDs will move at the same rate?. If A�s PD becomes unavailable and B�s become current. B will get GC faster than A even though both were equal (from your logic). Is this fair, then?



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  • vinabath
    03-26 09:59 AM
    If I make money from a due to a piece of information or knowledge directly obtained from biggerpockets, I'll buy you a beer! :D

    Atleast I could sqeeze a beer from you ;)




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  • 485Mbe4001
    07-14 03:16 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.

    Nobody cares what qualifications u have. EB1, EB2 and EB3 is what matters at the end of the day.

    This letter is utter nonsense. Admins, Moderators...pls stop this nuisance as this will cause internal fighting and end up in nobody receiving any benefits in the near future. If USCIS responds +vely to that letter, then do u think EB2s will keep quiet??? This will cause chaos and thus nobody will get anything out of it. Why is this thread still alive. Pani, the starter of this thread shud be banned for initiating this effort. Shud anything -ve happen to EB2s as an outcome of this, I'm gonna hunt that fellow and sue him for ruining my life.



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  • Macaca
    03-06 09:03 PM
    Labor Certification for the Permanent Employment of Aliens in the United States; Implementation of New System; Final Rule (http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf) 20 CFR Parts 655 and 656 | Department of Labor Employment and Training Administration, December 27, 2004
    U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2007,0122-crs.pdf), CRS Report for Congress, Updated December 13, 2006
    U.S. Immigration Policy on Permanent Admissions (http://www.ilw.com/immigdaily/news/2006,0425-crs.pdf), Updated April 17, 2006
    Immigration Policy in the United States (http://www.cbo.gov/ftpdocs/70xx/doc7051/02-28-Immigration.pdf) CONGRESSIONAL BUDGET OFFICE, February 2006
    CRS Reports (http://www.ilw.com/immigdaily/news/crs.shtm)
    Immigration through Employment (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=84096138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD)
    EMPLOYMENT-BASED PERMANENT RESIDENCE (http://immigrationvoice.org/forum/attachment.php?attachmentid=141&d=1184798383)
    EXTRAORDINARY, EXCEPTIONAL AND OUTSTANDING: What does it take to make it to the top? (http://www.hammondlawfirm.com/monthly/october_featured_article.pdf) by Sherry L. Neal, Attorney
    Damaris Del Valle, Law Clerk
    Legal Immigrants: waiting forever (http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf)
    TITLE 22 OF CODE OF FEDERAL REGULATIONS (22 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION)(Amended 2/28/03; 68 FR 9824 ) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=e6f9e66480441fe548dfe78bf2aff 82c)
    TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR): Chapter I -- DEPARTMENT OF HOMELAND SECURITY (IMMIGRATION AND NATURALIZATION) (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=d28c5cb48217d90d388b3ed180f19 96e)

    PART 42�VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=d093e437827c75a38a4aaaa26e9b13b3&rgn=div8&view=text&node=22:1.0.1.5.28.6.1.1&idno=22), Subpart F�Numerical Controls and Priority Dates
    Adjudicator's Field Manual - Redacted Public Version (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2) Updated Through June 18, 2007, Posted July, 2007
    AFM Update: Chapter 22: Employment-based Petitions (AD03-01) (http://immigrationvoice.org/forum/attachment.php?attachmentid=136&d=1184796132)
    Transferring Section 245 Adjustment Applications to New or Subsequent Family or Employment-Based Visa Petitions (http://immigrationvoice.org/forum/attachment.php?attachmentid=137&d=1184797399)
    I-485 Standard Operating Procedure (http://immigrationvoice.org/forum/attachment.php?attachmentid=138&d=1184798238)
    Interim Guidance for Processing Form I-140 Employment-Based Immigrant Petitions and Form I-485 and H-1B Petitions Affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313) (http://immigrationvoice.org/forum/attachment.php?attachmentid=139&d=1184798248)

    Revised Interview Waiver Criteria for Form I-485 Application to Register permanent residence or adjust status (http://immigrationvoice.org/forum/attachment.php?attachmentid=142&d=1184798393)




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  • satishku_2000
    05-16 10:40 PM
    Is this bill in the senate committee or scheduled for voting sometime?



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  • rajnag21
    07-19 02:38 PM
    UN,
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers




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  • thomachan72
    07-08 09:00 AM
    Having said that, dont forget to chose a lawyer who is noted to fight cases that are tough. Contact many lawyers including the murthy, rajeeve khanna etc etc. Evaluate what each of them say. Some will offer advice only after an initial siging of legal contract and paying the consultation fee, there are others who do the initial evaluation free of cost. Hope somebody in this forum with experience gives out the names of good lawyers for you in time.



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  • Administrator2
    04-06 09:03 PM
    This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.




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  • gimme_GC2006
    03-27 03:23 PM
    ok..My docs have been received by AO.

    Here is the email I got back today

    Good morning, Mr XYZ. I received your email and will be in touch after review of the mailed documents. Thank you for your prompt attention to this matter.


    I hope everything goes smooth...still waiting :o



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  • unitednations
    07-08 05:31 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!


    I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.

    The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.

    Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.

    Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.

    This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.

    Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.

    Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.

    If they didn't use up the visas then that is where the lawsuit would be won.

    A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.

    If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?

    The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.

    This might be a catalyst to change the spillover and carryover of greencards from one year to the next.

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

    I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.

    However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.




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  • unitednations
    03-26 04:42 PM
    UnitedNations

    What I take from your reply is that if the company is on their radar (for reasons that they will never disclose or we will never know - but we can assume some kind of fraudulent activity - like what you suggest too many h1's etc) they can (and currently are for h1 applications) apply all of their might to deny applications.

    Most of us have become pompous and are living in a big bubble. We think that since we pay taxes we are special. I cant imagine how out of touch with reality we are ....when I see postings like these for example remove EB1/EB2/EB3..whatever classification quota since we "the special class" of people are suffering, remove per country limit since we have paid taxes for 10 years, we will solve the housing crisis if we get gc's, we are responsible for creating innovation, progress and jobs (though i agree small percentage of the total pool may well be responsible for some innovation but not all), we are some sort of super humans , calling up senators/congressman - wont they be more interested in protecting their constituent's -- who I hate to say is not us (that is would be immigrants)

    Isn't it time for everyone to wake up and see the reality ? Why exacerbate the current conditions that will create even a bigger backlash? can we all handle that ? I think the answer is NO

    Legal base employment candidates never had any representation as far as I know of until Immigration voice was formed. The other groups had some organized activity.

    From some of the postings I have seen from IV Core; I believe they know what they are doing. They seem to be getting right advice of when to go on offensive and when to be defensive.

    It is difficult for candidates/people who only have five to six years of history in this country to know how the system works here; ie., what arguments work and what arguments don't and what other side will do in ruining your credibility if they are pushed.

    Everyone wants their greencard and they try to find reasons which they think others will appreciate (whether they have much merit or not).



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  • kumar1
    08-06 02:09 PM
    Idiot gave me red too!

    Dude - If you have issues, then fight for 50,000 Green Cards that USA gives away every year through a lottery. Why Indians are not eligible for that? Do you know that more than 80% of green cards are given based on family relations? They get green card just because their relative is a US citizen? Is it fair? Why an Indian/Chinesse graduate from Stanford should wait 6-10 years where someone is getting green card because his distant uncle (They do not remember when they met last time) is a naturalized US citizen? Even worse, fight against those scams where a non immigrant marries a US citizen for just getting green cards. Flight for those who have seen Backlog Reduction/Elimination days.....

    Out of all these causes, you got EB2/EB3 interfile cause? Shame on you! Please stop saying that you are from IIT. I have done B Tech from IIT and I do not remember that system producing garbage like you!




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  • unitednations
    08-02 02:41 PM
    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?

    It is a common thing that attornies ask for.

    1) it doesn't help in ability to pay for i-140 unless you are working with the company.

    2) it hurts more then helps and you have to be really careful in future base cases by showing current financial information.

    If in your current job; you are making $100,000 but the job offer or labor cert from 140 employer is for $70,000 then it doesn't look reasonable and they will assess your intention of why you would take such a job offer. (note: i saw this in a denial decision; it wasn't primary reason for denial; uscis just pointed it out to sort of say that they know what the person/company is trying to do).



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  • mirage
    08-06 09:19 AM
    I'm impressed, How about posting your resume here. So everybody can clap on your achievements....


    Pappu,
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).




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  • coolest_me
    08-07 01:52 PM
    :D:D:D Loving this thread :D:D:D

    -My Attempt .. One liners


    If you can stay calm, while all around you is chaos...then you probably haven't completely understood the seriousness of the situation.

    Doing a job RIGHT the first time gets the job done. Doing the job WRONG fourteen times gives you job security.

    Eagles may soar, but weasels don't get sucked into jet engines.

    Artificial Intelligence is no match for Natural Stupidity.

    A person who smiles in the face of adversity probably has a scapegoat.

    Plagiarism saves time.

    If at first you don't succeed, try management.

    Never put off until tomorrow what you can avoid altogether.

    TEAMWORK...means never having to take all the blame yourself.

    Rome did not create a great empire by having meetings, they did it by killing all those who opposed them.

    The beatings will continue until morale improves.

    Never! underestimate the power of very stupid people in large groups.

    We waste time so you don't have to.

    Hang in there, retirement is only thirty years away!

    Go the extra mile. It makes your boss look like an incompetent slacker.

    A snooze button is a poor substitute for no alarm clock at all.

    When the going gets tough, the tough take a coffee break.

    INDECISION is the key to FLEXIBILITY.

    Succeed in spite of management.

    Aim Low, Reach Your Goals, Avoid Disappointment.




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  • desi3933
    03-23 05:09 PM
    Wow...that is a pretty harsh list. Is it possible for you to politely point out that you need to prove legal status from your last entry into the country on H1B and not go all the way back to 2000 giving contracts and all ?

    Two different things -
    Legal Status to be shown from last entry for I-485 approval under 245(k). Actually the out of status days could be as much as 180 calendar days. However, USCIS can ask any information to verify any data on Form G-325a (http://www.uscis.gov/files/form/g-325a.pdf) (Biographic Information). One of the important info is Employment History.




    dealsnet
    09-27 02:26 PM
    I wish Mc Cain to win this election. Republican party is good to India, pro-life, do not waste money and support same sex domestic partners. Their moral and cultural values are good. They do not increase taxes. Good for Industry.
    I will support the party not the candidates. They are good for the security for the country. Terrorist are increased in all over the world. But no more attack on American soil. Clinton ignored the security of the country and we saw what happened. That time IT revolution happened. Not because of him the economic bubble occured. But it will happen, if any body is in power that time.




    kart2007
    05-15 10:11 AM
    Its sad but true that Indian companies liek Infosys and TCS are in fact abusing the VISA system. I know a lot of my Indian friends who have recently come from India and are working ata really paltry salary.

    Moreover I think L1 is worse as there are no wage limits for L1 as opposed to H1 (I may be wrong).

    Its sad that thing is happening, but its true.



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