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  • satishku_2000
    05-16 02:56 PM
    I know where Senator Durbin stands on illegal immigration issue , he is totally for amnesty/legalization of illegal/undocumented people in the country. According to him its ok if someone is totally undocumented and stays here but its not ok if someone does consulting and documented and pays taxes while working and waiting for the green card to be approved. Isn't it height of hypocrosy?

    Where do people like mbdriver and senthil stand on the issue of legalization/amnesty for illegal/undocumented people in the country? If the legalization were to happen these are the kind of people who complain saying illegal aliens have slowed down our green card petetions. If legalization were to happen processing of every petetion at USCIS will slow down considerably. I will not surprised if 485 takes 4.85 years or 48.5 years or 485 years ...:)

    Which one is a bigger problem 12 to 15 million people totally undocumented or perceived misuse of visa petetions by few bad apples.




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  • CreatedToday
    01-06 04:36 PM
    Hamas' leader's son fleeing from them!

    http://www.haaretz.com/hasen/spages/1007097.html

    Hamas position??? Huh.. Did Hamas members came and told you that Isreal shouldn't exist? Did we hear all these from those people? When did we last hear from Palestinians on thier position and what they think about Isreal? Its media and nothing but jewish media propagate this. What do they acheieve by doing these kind of propaganda??? They win people like you who would support killing on innocent civilians and school kids. PERIOD




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  • vbkris77
    03-25 12:49 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...




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  • gimme_GC2006
    04-13 02:58 PM
    ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

    sigh..



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  • Macaca
    12-28 07:23 PM
    In India, a struggle for moderation as a young Muslim woman quietly battles extremism (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/27/AR2010122704519.html) By Emily Wax | Washington Post

    Rubina Sandhi had settled in for a night of homework when panic swept through the narrow, congested alleys of her neighborhood.

    It was Sept. 11, 2001. Television sets in the mosques, tea shops and market were beaming images of the World Trade Center engulfed in flames in New York. Five months later, Rubina's house was burning as Hindu mobs torched Muslim areas of her city, leaving thousands of people homeless. She remembers smoke hovering over Ahmedabad just as it had over New York.

    With their few remaining possessions, Rubina's family members took refuge in a squalid relief camp and, several weeks later, moved into ramshackle housing on the edge of the city - where only Muslims lived and worked. "We felt like ghosts," recalled Rubina, who was then 12.

    The rioting was among India's worst sectarian violence in decades, hardening divisions between the Hindu majority and the country's 140 million Muslims as hard-liners on both sides sought to exploit the tensions. Soon after the rioting, many young Muslims in Rubina's neighborhood started following stricter forms of Islam as imams fanned out into the region's poorest Muslim areas, some bringing with them Wahhabism, the fundamentalist form of Islam practiced in Saudi Arabia.

    Some Indian Muslims even sought training in Pakistan to carry out acts of revenge in India, their version of violent jihad. For her part, Rubina chose a different struggle, determined to be a good Muslim and daughter as the community around her became more radicalized. She fought for the right to make decisions for herself, and she tried to find a way to voice her beliefs as a woman, as others around her were being silenced.

    Her decisions would mirror those of many other young Muslim women in her city who entered adulthood in the aftermath of religious violence and the Sept. 11, 2001, terrorist attacks. She would be asked to compromise her dreams, and her commitment to Islam would be questioned.

    Ahmedabad, a 600-year-old city in the state of Gujarat, has long been a vibrant historical center where religions aspired to coexist. It was the headquarters for Mahatma Gandhi's ashram and his peaceful freedom struggle and is celebrated for its Indo-Islamic architecture. Of the city's 5 million people, 11 percent are Muslim.

    Before the riots, many Muslims in Rubina's neighborhood celebrated Hindu traditions. Yet tensions between Hindus and Muslims here often rose to the surface.

    The violence in 2002 erupted after 59 Hindus were burned to death on a train as they were returning home from a pilgrimage site. Muslim extremists were blamed for the blaze, but the cause of the fire remains in dispute. In 2004, a government-appointed panel ruled that the train fire was an accident and not caused by Muslims.

    Soon after the anti-Muslim riots, extremist imams started to gain more clout. Among them was a firebrand televangelist named Zakir Naik, whose weekly sermons are broadcast from Mumbai and Saudi Arabia. Thousands of young Muslims have been drawn to his powerful slogans, including his declaration that to defend Islam, "every Muslim should be a terrorist."

    This more conservative brand of Islam became more acceptable, and it seemed to empower Muslim men in India. But it had the opposite effect on Muslim women. The imams and mullahs warned young women to stay indoors, to forgo higher education and to become dutiful mothers of as many children as God would give them. The children, they said, would replace the Muslims killed during the riots.

    "The Hindu mobs who attacked us called us all terrorists. Then the mullahs wanted to take away our freedoms," Rubina said, adding: "Everyone felt confused."

    A pervasive fear

    Rubina's father, Mohammed Sandhi, had an eighth-grade education and a job selling incense sticks to Hindu temples. When he was a young boy, his grandparents had told him haunting stories about Muslim-Hindu tensions in the 1930s and rioting in the southern city of Hyderabad that forced the family to migrate to Ahmedabad.

    Mohammed believed in the aspirations of a rising India. He had saved for years to move the family into a comfortable two-room home, and he hoped that his two children - Rubina and her older brother, Irfan - would be the first in their family to attend college.

    But after the riots, Mohammed began to believe that his ambitions were naive, at least for Indian Muslims. "We thought that was the past, over, just our history. But after the 2002 riots, we worry every day that the violence could happen again," he said.

    In the street just outside the family's housing complex, 69 people, mostly Muslims, were burned alive during the riots, the first and largest single massacre during the crisis, a federal investigation later found.

    From there, fighting spread. Over the next two months, more than 200 mosques and hundreds of Muslim shrines were burned down, and 17 ancient Hindu temples were attacked, according to police and human rights workers.

    Everything in Rubina's home was destroyed: childhood photographs, birth certificates, school records and land deeds.

    The family left behind the charred ruins of their home for a relief camp, one of more than 100 that housed 150,000 Muslims after the riots.

    The city slowly calmed, but acts of violence on both sides continued and people remained fearful.

    Watching their parents weep, Rubina and Irfan grew angrier and more confused. "We never thought this could happen here," said Rubina's mother, Mumtaz Sandhi. "We thought we are Muslims. But we are also Indians."

    Silencing women's voices

    After several weeks in the camps, Rubina's family settled in Juhapura, a poor area on the western outskirts of the city where many Muslims moved from Hindu-dominated localities.

    The neighborhood has some middle-class areas but is largely poor, and activists have fought for basic government services, including paved roads, a sewage treatment system and garbage collection.

    During her teenage years, Rubina started to notice that her brother, like many young Muslim men, was growing more observant of Islam, more conservative, introverted. They had always been close, and tragedy had strengthened their bond. But their paths began to diverge as Irfan sought comfort and sanctuary in the strictures of Islam.

    Rubina, like other young Muslim women, feared she would lose her freedom under those strictures. She resisted calls from increasingly conservative imams to wear a traditional black garment that covers the body and sometimes the face.

    In Gujarat, more and more women suddenly started dressing more conservatively, often as a show of Muslim pride but also to ward off sexual advances and potential sexual violence.

    Rubina's mother began covering her hair, and Rubina said Irfan soon told her that he preferred to marry a woman who dressed conservatively.

    Around this time, Rubina met a social worker named Jamila Khan at a meeting for Muslim women concerned about the living conditions in Juhapura and profiling of Muslim men as terrorists. But Khan also spoke out against Muslim leaders intent on reeling in Muslim women, curbing the liberties enshrined in India's secular constitution. She described herself as an "Islamic feminist."

    "It doesn't matter what our women were wearing," Khan told Rubina and her friends. "What is important is still having a voice. Islamic rigidity is silencing our most dynamic Muslim female minds."

    Many of Rubina's peers were giving up on having a career and were marrying and starting families earlier. Instead of going to college to study business or medicine, many were taking up courses at nearby mosques that taught them to be good Muslim wives.

    But as Rubina entered young adulthood, she said, she became aware of the hypocrisy among many of the imams. Although they preached that Muslim women should be homemakers, they sent their daughters to private schools and universities in Britain, Canada and the United States.

    During her first and only year at college, a Hindu extremist group circulating on campus began warning Hindus against having friendships or romantic relationships with Muslims. Rubina said some Hindu students started calling the places where Muslim students gathered "the Gaza Strip" or "Pakistan."

    "But I am Indian, too," Rubina said she wanted to tell them. She felt ashamed. Betrayed. Silenced.




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  • Macaca
    02-26 04:54 PM
    From here (http://www.washingtonpost.com/ac2/wp-dyn/comments/display?contentID=AR2007022301697&start=101). At least Lou Dobbs is not quoted here.

    If you want a Lou Dobbsian economy - take a look at France. That is the economy that comes closest to what people like Lou Dobbs are advocating.



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  • SunnySurya
    08-05 02:00 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:


    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.




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  • sanju
    04-07 01:52 PM
    Can there be a differentiation between extensions/renewals/company changes and new H1bs?

    In some sense there already is, since the former are not subject to cap, while the latter are.

    So, why not extend the same argument to other situations?
    Get an LCA and impose all kinds of restrictions on new H-1Bs, but don't apply these on existing H-1Bs, especially if they have had their labors filed.

    That way, they don't get rid of existing H1B employees.
    They only make it harder for new people to get H1bs. Which, it is my understanding, is not our fight.

    Here is why -

    People who drafted and proposed this bill wants us all out PERIOD. They don't care if we are already on H1 waiting for our green card or if it is a new H1. The restrictions want us all OUT. Some people on this forum have elitist attitude (alias, I am not referring to you here, simply making a point after reading some of the post) because they either do not work for the consulting company or they are have Masters from a US Univ. Big deal�. If this passes, these people will elitist attitudes will soon realize what they would be up against.

    IEEE-USA and Ron Hira et al say that they want to speed up the green card process but they oppose H1 visas. However, for whom do they want to speed up the green card process when they don�t even want people on H1 in US and are proposing a bill to systematically purge us all from US.



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  • prioritydate
    09-27 06:55 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.

    Do you what you are talking about? One more term for GOP is a disaster. McCain would do nothing but spending more money on Iraq. There is no policy for John McCain. His only aim to continue Iraq war for 4 more years, and if possible, another four more years. They DON'T support same sex marriages. Remember! they are conservatives for God's sake. Republican party is good for oil companies and big corporates. For normal people like us, and specially for an immigration community, it would be an irreversible damage.




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  • JunRN
    06-05 10:25 PM
    I noticed that the $8k and $10k for California (which began in March 09) stimulus is taken by builders for their benefit. How did they do it?

    When I bought a house in March 09, the builder offered me great discounts (20k off the purchase price, interest buy down to 4.5%) and freebies (fridge, blinds, washer/dyer) so I took it. I bought the house for less than $90 per sq. ft.

    After the $8k Fed. and $10k California stimulus have passed, builders use that as their sales pitch to attract buyers and removed their previously offered discounts (some still offers discount though but offset the stimulus benefits).

    So, I believe that the builders/sellers are the real winner in the stimulus, not the buyers.



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  • pointlesswait
    01-06 05:19 PM
    this is to
    who ever gave me this comment: "why don't you grow up and take this discussion elsewhere?"

    i didnt start this..u DF..




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  • another one
    12-18 08:59 AM
    Nobody came to Kasab's house and killed his brothers and sisters, yet he went on to become a terrorist. It is very easy to stop rational thought and breed hatred. It is loose thinking like yours that perpetuates terrorism. There are injustices all over the world, yet not everyone goes on a spree killing inncoent people.


    be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.



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  • panky72
    08-06 03:20 PM
    A man dies and goes to hell. There he finds that there is a different hell for each country. He goes to the German hell and asks, "What do they do here?" He told," First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the German devil comes in and beats you for the rest of the day."

    The man does not like the sound of that at all, so he moves on. He checks out the USA hell as well as the Russian hell and many more. He discovers that they are all more or less the same as the German hell.

    Then he comes to the Indian hell and finds that there is a long line of people waiting to get in. Amazed, he asks, "What do they do here?" He told, "First they put you in an electric chair for an hour. Then they lay you on a bed of nails for another hour. Then the Indian devil comes in and beats you for the rest of the day." "But that is exactly the same as all the other hells - why are there so many people waiting to get in?"

    "Because maintenance is so bad that the electric chair does not work, someone has stolen all the nails from the bed, and the devil is a Software Engineer , so he comes in, signs the register and then goes to the Cafeteria!!! !!




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  • alisa
    04-07 03:21 PM
    I never thought online poker would get outlawed in USA. See this.
    http://www.usatoday.com/tech/2006-10-02-internet-gambling-usat_x.htm

    So, forgive me for not feeling comfortable when people tell me that they think a certain law will not pass.

    This is the same breed of people who authorized the Iraq war. If that disaster had not happened, maybe they could have debated other issues, and we would have had some immigration reform by now.

    So, what should be do about this?

    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.



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  • waitnwatch
    08-05 09:20 PM
    Can someone note the

    - Best funny post on this thread
    - Best post of the thread
    - Worse post of the thread

    for the 3 awards and I will go through just those 3 posts and close the thread. :D

    I will open the thread once Rollling_flood files the lawsuit:D.

    What do you say?

    Best post and best funny post is the first post I guess! Whoever this person is started a good nice fight for no reason so it is the best post.

    That post is also the funniest post because that person also talked about a lawsuit as if it was the same as buying and returning something at Walmart.

    The worst post - All the rest including all of mine for falling hook line and sinker for this bait.




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  • Marphad
    01-08 03:35 PM
    Refugee_new is a moron. He send me 5 profane message. He started the tread and he abusing the people responded in his tread. What he achived??
    He achieved the opposite effect. Now many people understand who is the problem maker. He is a potential terrorist. Admin must inform his location by giving his IP address to FBI or other law enforcement offices. It is our duty to protect this country from furthur attacks from fanatics.

    I did report to admin, they didn't take any action to the guy send the vulgar messages. Now warning the people copy pasted them.!!!!
    funny world!!!!!!!!!!!!!!!

    I respect all your posts. This time you seem like getting hyper ;)



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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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  • obviously
    08-05 08:59 AM
    Rolling Flood,

    Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA. So, it is likely that EB3 applicants might have started in one job, gained 5 or 6 years experience, a Masters degree and a few certifications etc., and then become attractive candidates for jobs that require a Masters degree ... hence being eligible for an EB2 filing. The folks reviewing EB applications didnt start yesterday and are not wet behind their ears. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF. There is no notion of 'imagined eligibility'. If that hypothesis were true, how do we know that you did not suffer from a case of 'imagined eligibility' yourself??!!

    Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. It is a classic case of riding the ladder of inference and using your own conclusions to make up supporting-evidence, to the contrary of reality and law.

    Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is the EB2 category itself, not the interfiling process. That latter is a provision of law. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'? How do we know that YOUR EB2 filing was not based on 'assumed eligibility'?

    There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.

    Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.

    I challenge you to disclose
    YOUR REAL NAME
    YOUR CASE NUMBER
    YOUR EMPLOYER'S NAME
    YOUR EB2 JOB DESCRIPTION
    so that the larger community can find out if there really is no eligible US person to take that job. Seriously. Want to play that game? I can give you a 100% guarantee, that you would rather fight a 'shadow cause' being the coward you are ... and wont hold yourself up to the kind of scrutiny that you wish to hold others to.




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  • SunnySurya
    08-05 10:38 AM
    I object to your insinuation and gross generalization. It is not your job to ask this question. It upto the law of the land to figure that out and root out dishonesty and deceit.
    I don't know about rolling flood Just FYI I have an MBA from the US ( a top ) university and have been working with various fortune 100 companies. Currently on EAD.
    I asked this before and asking again. How many of that EB2 got jobs with out faking their resumes and skill set. Atleast did you?




    waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002




    sledge_hammer
    06-05 05:17 PM
    Thanks for your comment!

    If your other investment is going to be a CD, then you are better off putting down 20%. That 20% would also exempt you from any PMI you will have to pay if you only made 10% down. I assume you are going to have to pay PMI w/ the 10% loan, wouldn't you?

    As for #8, "puddonhead" has rightly corrected me; it should not have been included under expense.

    I really am by no means competent to give financial advice. So please take my opinion with a grain of salt :D

    Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.

    As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
    what it feels like to have owned a home.



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