AllVNeedGcPc
07-14 07:51 PM
Do you have any evidence/reference to back this up?
Have MS from US, got applied in EB3, was stuck in BEC for 4 yrs and 2 months, still waiting on 140...
Have MS from US, got applied in EB3, was stuck in BEC for 4 yrs and 2 months, still waiting on 140...
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desi3933
08-05 10:22 AM
If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
Just self-interest and what works for them.
Factions and Groups
eb2 vs eb3
Porting vs Non-Porting
some recent ones
eb2 NSC vs eb2 TSC
eb2 PD 2006 vs eb2 PD 2004 (as many 2006 PD are getting 485 approvals)
No wonder many people, after getting GC, do not visit this forum and support any immigration reforms.
--------------------------
Whatever we treasure for ourselves separates us from others; our possessions are our limitations.
-- Rabindranath Tagore (http://en.wikipedia.org/wiki/Rabindranath_Tagore) (Indian Poet and Nobel Prize winner for Literature in 1913)
____________________________
US Permanent Resident since 2002
** supports not counting dependents for EB Green cards **
Just self-interest and what works for them.
Factions and Groups
eb2 vs eb3
Porting vs Non-Porting
some recent ones
eb2 NSC vs eb2 TSC
eb2 PD 2006 vs eb2 PD 2004 (as many 2006 PD are getting 485 approvals)
No wonder many people, after getting GC, do not visit this forum and support any immigration reforms.
--------------------------
Whatever we treasure for ourselves separates us from others; our possessions are our limitations.
-- Rabindranath Tagore (http://en.wikipedia.org/wiki/Rabindranath_Tagore) (Indian Poet and Nobel Prize winner for Literature in 1913)
____________________________
US Permanent Resident since 2002
** supports not counting dependents for EB Green cards **
redcard
03-23 05:20 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 ?
I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.
Here is the document which clearly states for lawful status into US.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
You should be good incase you meet the requirement,
I think you are right.. its from the last lawful admission into the country to check the status. I am not sure if they can dig into your past beyond the last entry to US unless you have name check or other issue.
Here is the document which clearly states for lawful status into US.
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
You should be good incase you meet the requirement,
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nk2006
09-29 05:10 PM
Whoever the president is - Obama or McCain - our/EB immigrants fate is more in the hands of congress.
I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.
The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.
I was just watching the outcome of financial bailout bill - it failed in the house despite having the support of current president and two presidential candidates. This is about the much hyped out bailout plan - the outcome of this bill for sure affects pretty much every american - this bill failed in house despite all the major leaders urging house members to pass it. This shows all politics are local. The reason for failure of this bill is its not that popular with people - opinion polls on the original bailout plan showed majority of people didnt like it and wanted to some changes, while the current bailout bill is different from it - still many of house reps are wary to vote in favor of it. Especially the reps who are up for tough election this November. They are concerned about their election and dont give a damn to their leader. I think it would be same for EB issues - we need to continue to lobby with congressmen and if possible push our EB only aspects in some bill (live visa recapture) because once our issues are combined with general immigration issue we will get run over for sure either by anti-immigrants or people like Durbin.
The next president might set his/her broad immigration policies but as always devil is in details and these details are set by congress. Also if you observe our opponent organizations and the way they concentrate more on congressional elections rather than presidential elections - it becomes apparent that from EB (and other) immigration laws point of view there may not be much change in impact whether Obama or McCain is president. From their broad immigration policies I am sure either Obama or McCain will sign of any bill that favor more GC numbers (or recaptured EB visas) for EB immigrants. Of course it can get complicated with amendments from likes of Durbin but based on the merit of our issue, I think more congressmen would be voting in favor of our measures. The key is getting our measures pushed into any relevant bills.
more...
sroyc
08-06 10:41 AM
I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.
Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?
Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?
axp817
03-26 05:50 PM
I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
That case had a lot more things in it.
1) person never worked at the location as specified by the greencard labor
2) person acknowledged he wasn't going to work there upon greencard approval
3) person was claiming ac21 within same employer for different location
Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.
Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.
So when they started picking on these other things, do you know what eventually ended up happening - denial/approval?
I tried looking on immigration.com, a lot of hits came up when i searched for "baltimore AC21" but none of them were this particular case.
Aren't there many consulting scenarios where the labor is filed in a certain state but the employee (although worked for the same employer) worked in another location on H-1B (with due LCA amendments of course). Is that not acceptable from a GC perspective?
sorry, I don't mean to drag this topic on forever.
thanks,
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dontcareanymore
08-07 05:21 PM
Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
Or better yet ; Go to a Desi Zoo in US and they will be happy to process Lion visa even for a Monkey :):)
Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D
Or better yet ; Go to a Desi Zoo in US and they will be happy to process Lion visa even for a Monkey :):)
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pete
04-09 12:05 PM
The solution is the streamline the process before h1B. If they can do perm in weeks( I got mine done in 90 days but the recruitment took 1 year!) why cant they do LCA soon. Its a logistics issue. There are less applicants things will hurry.
I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..
QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
or do you just want to support something, anything that might relieve the numbers?[/QUOTE]
I am in agreement with your views. They need H1B regulation. If the axe has to fall I can tell you it will be on "consultants". I hate to think I will need to go down with them. Since I came here more than half a decade back me and my spouse took 12 exams in all ( USMLEs, GRE, TOEFL) and we did research, got PhD and finally are doing residency. We loans on us amounting to thousands. All this time all these consultants were doing well. Now I am expected to take a fall for them. I think its unfair..
QUOTE=paskal]i'm not opposing reform. in fact i strongly feel that without reform this mess cannot be resolved. just like you do. but creating a new mess with LCA's that can't be handled in time? is that the answer? what about if you already have an LC approved? sound like you still need to duplicate the entire process for H1b renewal...does that make sense to you?
or do you just want to support something, anything that might relieve the numbers?[/QUOTE]
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centaur
02-25 05:25 PM
Is this book available? maybe we can get a bunch of copies and send to some editors, John Stewart/Stephen Colbert and some legislators.
If the author is approachable, maybe an interview with him and some TV personality could be tried.
Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
If the author is approachable, maybe an interview with him and some TV personality could be tried.
Indian techie slams CNN Lou Dobbs (http://www.indiadaily.com/editorial/10-28a-04.asp)!, N. Sivakumar, October 28, 2004
In a book titled "Dude, did I steal your job? Debugging Indian Computer programmers", the author, an Indian software engineer, has slammed Lou Dobbs of CNN for calling the foreign high-tech workers as non-tax payers, and humiliating the enormous contributions of foreign high-tech workforce to the American economy.
"Foreign high-tech workers who come here on H-1B / L1 visas pay every tax that U.S. citizens do, including Social Security and Medicare. But if they return to their homeland, then they will not get any benefits from these programs. The recent recession cost the United States more than half a million foreign high-tech workers who had to return home after paying all these taxes. In fact, Americans owe them money"
The author writes.
"The ignorance to mention the stupendous contributions of immigrant high-tech workers was the primary cause for the anti-Indian atmosphere which is seen among computer professionals lately. Unfortunately, neither the media nor the public understand the foreign high-tech workforce. The net result: those who supported the foreign high-tech worker programs have taken a back seat to play safe, and Indians and others who came here on visas, and worked their butts off to make this country prosper are named 'slaves', 'dummies', and 'enemies'. writes the author, N.Sivakumar.
The book also claims that bringing in foreign high-tech workforce at the right time was the primary reason for America's stupendous high-tech success, and gives statistics and evidence to prove that hadn't America acted quickly, the Europeans would have taken over the software dominance.
The book also outlines the life, struggle and achievements of Indian programmers in America with entertaining facts, and is a prime discussion topic in many anti-outsourcing and immigration websites lately.
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gapala
06-23 01:52 PM
Here is one calculation that might give you one more reason to buy...
\
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
\
Yeah sure! Based on your calc skills, people will get under water in no time.. Did you consider the part of principal at all in your calc? 23000 a year and end up at 8K ????
Based on my calc, your monthly payment will be somewhere around $2750 for a 400K loan at that rate. Do the math that makes it 2750 x 12 = 33000 and your 666 will become 1500 now :). Now add all the other stuff such as HOA, Maintenance, property tax, closing cost and what not... to derive the per month cost for first year
Credits are one time.. how about next year and there after??
Unbelievable!
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mirage
01-07 01:38 PM
Refugee,
If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..
If you are talking about humanity than you should be concerned about the messacre of all the children accross all communities, why are you concerned about only muslim children, did you wake up when 1000's of Kashmiri Hindu children were messacred ? and if you are trying to tell us that muslim are peace loving and Israel is a war mongering nation, than please spare us. We don't have to look accross centuries of history of Islam to see how peace loving they have been, just pick up any day's newspaper and you can see where there is islam there is violence. India is suffering because of it's vote bank politics, they don't have will to deal with Terrorists, people in power are awarding terrorists, it's a failed country. India is trying to get somebody else to solve it's problem, that is why it's PM, foreign Minister etc. keeps prooving everyday that Mumbai blasts have Pakistan's hand, who cares ? who's asking for evidence ? Israel is a strong nation, it values it's citizens, it knows very well how to deal with terrorists..
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alisa
12-30 12:31 AM
So what should India do?
Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.
The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.
Its quite a vicious circle.....
Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.
The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.
Its quite a vicious circle.....
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pani_6
02-21 01:03 PM
Why doesnt this guy test the water by contesting the elections...he talks as if he is the 20th century Adam Smith who should be consulted on economics..
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ssa
06-25 03:19 PM
And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.
If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?
If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?
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dontcareanymore
08-05 01:37 PM
And Sir dontcareanymore, who are you to show people out.
Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.
friend.....Donot get angry, please.
what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration....
may i dare say ...."we are not even close"..
lets not fight, please. I am not blaming you sir, but the action. so please
donot blast me, i know you are a wonderful person; i am blaming the action not you.
You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.
Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).
Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
Please calm down, its ok if someone has ideas that donot match 100% to your ideas; your decency is in letting people speak and hear them still.
friend.....Donot get angry, please.
what a pity, we donot let anyone talk, speak unless they agree with us and we call ourselves educated, democratic....voice of immigration....
may i dare say ...."we are not even close"..
lets not fight, please. I am not blaming you sir, but the action. so please
donot blast me, i know you are a wonderful person; i am blaming the action not you.
You can't generalize everything. Do you care to show how this is as bad as labor substitution ?
How about comparing the actual job duties of all EB2s and EB3s ? Not just what their lawyer says.
Rules are made with good intentions and it is people that misuse them. But for the desi sweat shops selling labors , even the labor substitution has some merits in some cases (Again Not all).
Again , I don't really care what happens with this law suite (even if that happens). Just wanted to impress that there are very good number of legitimate cases where the PD porting makes sense and it is required.
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delax
07-14 10:54 AM
Delax,
please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.
I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.
You and other EB2 people dates are current. Enjoy your GC. Best of luck.
I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.
However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.
Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.
As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.
please read my message you quoted. I wrote nothing in support of or aganst the letter. Nothing they (earlier posts) say is going to make the dates go back or forward. All the poor folks are trying to do is maybe vent out their frustration. What difference does this make to you? No action is going to be taken based on one letter. You are safe, please enjoy your current date status.
I can see the writing on the wall about where IV would be once most of Eb2 get their GC. It would almost stop existing.
You and other EB2 people dates are current. Enjoy your GC. Best of luck.
I am not worried about my GC safety or lack thereof. Lets talk specifics - thats always been my position. I am also fully aware that nothing is going to happen in an arbitrary and knee jerk manner based on sympathetic letter requests.
However for argument sake lets assume something happens based on these letters. If a number is taken from EB2 to be given to EB3, I am well within my rights to express my opposition to that just like EB3 is well within their rights to vent their frustration.
Not mentioning EB2 in the letters is not going to result in numbers being created out of thin air. These numbers have to come from somewhere IF the total pie does not increase: read EB2.
As to your comment about IV existing or not - time will tell, but I dont try to hide the fact that beyond attending the Sept. rally, I am only an arm chair participant.
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Macaca
12-27 12:34 PM
The following appeared in NYT yesterday. It was discussed by Pat Buchanan (hosting Tucker Carlson's show on MSNBC) last evening. Pat was surprised that Demz were considering it.
It is available here http://www.nytimes.com/2006/12/26/washington/26immig.html?_r=1&oref=slogin
WASHINGTON, Dec. 25 � Counting on the support of the new Democratic majority in Congress, Democratic lawmakers and their Republican allies are working on measures that could place millions of illegal immigrants on a more direct path to citizenship than would a bill that the Senate passed in the spring.
The lawmakers are considering abandoning a requirement in the Senate bill that would compel several million illegal immigrants to leave the United States before becoming eligible to apply for citizenship.
The lawmakers are also considering denying financing for 700 miles of fencing along the border with Mexico, a law championed by Republicans that passed with significant Democratic support.
Details of the bill, which would be introduced early next year, are being drafted. The lawmakers, who hope for bipartisan support, will almost certainly face pressure to compromise on the issues from some Republicans and conservative Democrats.
Still, the proposals reflect significant shifts since the November elections, as well as critical support from the Homeland Security Department.
Proponents said the prospects for such a measure, which would include tougher border security and a guest worker plan, had markedly improved since Nov. 7.
The Senate plans to introduce its immigration bill next month with an eye toward passage in March or April, officials said. The House is expected to consider its version later. President Bush said last week that he hoped to sign an immigration bill next year.
The major lawmakers drafting the legislation include Senators Edward M. Kennedy, Democrat of Massachusetts, and John McCain, Republican of Arizona, along with Representatives Jeff Flake, Republican of Arizona, and Luis V. Gutierrez, Democrat of Illinois. The four met this month, and their staffs have begun working on a bill.
�I�m very hopeful about this, both in terms of the substance and the politics of it,� said Mr. Kennedy, the incoming chairman of the Senate Immigration, Border Security and Citizenship Subcommittee.
Mr. Kennedy acknowledged that there would be hurdles. But he and other lawmakers say Republicans and Democrats are now more likely to work together to repair a system widely considered as broken.
House Republicans blocked consideration of the bill that passed the Senate this year, saying it amounted to an amnesty for lawbreakers and voicing confidence that a tough stance would touch off a groundswell of support in the Congressional elections. The strategy largely failed.
Hispanic voters, a swing constituency that Republicans covet, abandoned the party in large numbers. Several Republican hardliners, including Representatives John Hostettler of Indiana and J. D. Hayworth of Arizona, lost their seats. After the dismal showing, House Republicans denied F. James Sensenbrenner Jr. of Wisconsin, the departing chairman of the Judiciary Committee and an architect of the House immigration approach, a senior position on any major committee in the new Congress.
Domestic security officials have voiced support for important elements of the framework under consideration. Homeland Security Secretary Michael Chertoff has repeatedly raised doubts about the effectiveness of border fencing in remote desert areas. Mr. Bush signed the fence bill this year, but Congress did not appropriate enough money for it. Officials say they would also prefer a less burdensome process than the original Senate bill outlined.
That bill divided the estimated 12 million illegal immigrants into three groups, those living here for five years or more, those here for two to five years and those here for less than two years.
All but the illegal immigrants living here for five years or more, roughly seven million, would have to leave the country briefly to be eligible for legal status. Those here for fewer than two years would have to leave the country and would not even be guaranteed a slot in a guest worker plan.
Domestic security officials said the original plan would have been enormously difficult to administer because many illegal immigrants lacked documentation to prove how long they had been in the United States.
The officials said it would have fueled a market in fraudulent documents as illegal immigrants scrambled to offer proof of residency.
The three-tiered approach would also discourage millions of illegal immigrants from registering, driving millions deeper underground.
�We do have concerns over breaking it down into that tiered system,� said a domestic security official who insisted on anonymity. �When you do that, you run the risk of people trying to create false documentation that would get them the highest benefits.�
Also expected to have prominent roles in the debate are Representatives Zoe Lofgren, the California Democrat who is likely to head the House Immigration, Border Security and Claims Subcommittee; Howard L. Berman, a California Democrat who has followed immigration issues closely for many years; and Bennie Thompson, the Mississippi Democrat who is set to lead the House Homeland Security Committee and has said he plans to re-evaluate the 700-mile fence.
But Mr. Flake described himself as optimistic, saying the elections had disabused many Republicans of the notion that opposing legalization and guest worker plans would win widespread support.
�That illusion is gone,� he said.
The percentage of Hispanics who voted for Republicans fell to 29 percent, from 44 percent in 2004, and some Republicans say passing immigration bills is a crucial part of the effort to win them back.
Mr. Flake warned that some Republicans might balk at proposals like broadening the number of illegal immigrants eligible for a less burdensome path to citizenship, making passage of bipartisan legislation potentially �politically more difficult.�
The prospects for a bill that contains such a proposal remain particularly uncertain in the House, where many prominent Democrats want to ensure broad bipartisan backing as part of their efforts to maintain their majority in 2008, Congressional aides said.
The House Democrats are concerned about protecting newly elected moderate and conservative Democrats, some of whom had campaigned against legalizing illegal immigrants.
It is also unclear whether Mr. Gutierrez and Mr. Flake will produce the only House legislation on immigration and whether their plan will ultimately become the basis for the bill that emerges.
In the Senate, Mr. Kennedy�s bill certainly has the backing of the Democratic leadership, Congressional aides said.
Senator John Cornyn, Republican of Texas, argued that expanding citizenship eligibility and abandoning financing for the fence would alienate moderates in both parties. The three-tier legalization system, a hard-fought compromise, was critical for moderate Republican support for the original bill.
The plan under consideration would allow 10 million or 11 million illegal immigrants to become eligible to apply for citizenship without returning home, up from 7 million in the original Senate bill. To be granted citizenship, they would have to remain employed, pass background checks, pay fines and back taxes, and enroll in English classes.
�I think it�s a nonstarter,� said Mr. Cornyn, who opposes a path to citizenship for illegal workers, but supports a plan for temporary workers that would let foreigners work here temporarily before returning home.
Congressional aides and lawyers familiar with the proposed bills emphasize that it will be very difficult for a smaller group of illegal immigrants, those who arrived after a certain date, perhaps 2004, to become citizens. The aides said the bill might include incentives for illegal immigrants to leave the country. While they hope such elements may ease concerns, many challenges remain.
Some powerful unions, which expect to exert more leverage in the new Congress, remain deeply opposed to the temporary worker program in the Senate bill. The unions say it threatens American jobs.
Officials at the A.F.L.-C.I.O. say they can scuttle such a plan next year, even though Mr. Bush and businesses say it is critical to ensure an adequate labor force.
There is also the political clock to consider. Supporters of immigration measures acknowledge that the prospects for a bipartisan bill will dim significantly if a bill is not passed before the presidential primaries of 2008 are in full swing.
Some Congressional aides and immigrants� advocates worry about the commitment of Mr. McCain, a likely presidential candidate in 2008.
Mr. McCain has long supported legalization that would not require illegal immigrants to leave the United States. Some advocates fear that his ambitions may lead to a shifting of that stance to avoid alienating moderate Republicans.
A spokeswoman for Mr. McCain said last week that he was not available to comment on the bill being drafted.
Many lawmakers say their hope is growing that Congress will pass an immigration bill next year.
�There are going to be hard choices that are going to be made, because we need to build a bipartisan, broad-based coalition,� said Mr. Gutierrez, who leads the House Democratic immigration group. �But I�m hopeful that in the environment in which we�re working now we can get it done.�
It is available here http://www.nytimes.com/2006/12/26/washington/26immig.html?_r=1&oref=slogin
WASHINGTON, Dec. 25 � Counting on the support of the new Democratic majority in Congress, Democratic lawmakers and their Republican allies are working on measures that could place millions of illegal immigrants on a more direct path to citizenship than would a bill that the Senate passed in the spring.
The lawmakers are considering abandoning a requirement in the Senate bill that would compel several million illegal immigrants to leave the United States before becoming eligible to apply for citizenship.
The lawmakers are also considering denying financing for 700 miles of fencing along the border with Mexico, a law championed by Republicans that passed with significant Democratic support.
Details of the bill, which would be introduced early next year, are being drafted. The lawmakers, who hope for bipartisan support, will almost certainly face pressure to compromise on the issues from some Republicans and conservative Democrats.
Still, the proposals reflect significant shifts since the November elections, as well as critical support from the Homeland Security Department.
Proponents said the prospects for such a measure, which would include tougher border security and a guest worker plan, had markedly improved since Nov. 7.
The Senate plans to introduce its immigration bill next month with an eye toward passage in March or April, officials said. The House is expected to consider its version later. President Bush said last week that he hoped to sign an immigration bill next year.
The major lawmakers drafting the legislation include Senators Edward M. Kennedy, Democrat of Massachusetts, and John McCain, Republican of Arizona, along with Representatives Jeff Flake, Republican of Arizona, and Luis V. Gutierrez, Democrat of Illinois. The four met this month, and their staffs have begun working on a bill.
�I�m very hopeful about this, both in terms of the substance and the politics of it,� said Mr. Kennedy, the incoming chairman of the Senate Immigration, Border Security and Citizenship Subcommittee.
Mr. Kennedy acknowledged that there would be hurdles. But he and other lawmakers say Republicans and Democrats are now more likely to work together to repair a system widely considered as broken.
House Republicans blocked consideration of the bill that passed the Senate this year, saying it amounted to an amnesty for lawbreakers and voicing confidence that a tough stance would touch off a groundswell of support in the Congressional elections. The strategy largely failed.
Hispanic voters, a swing constituency that Republicans covet, abandoned the party in large numbers. Several Republican hardliners, including Representatives John Hostettler of Indiana and J. D. Hayworth of Arizona, lost their seats. After the dismal showing, House Republicans denied F. James Sensenbrenner Jr. of Wisconsin, the departing chairman of the Judiciary Committee and an architect of the House immigration approach, a senior position on any major committee in the new Congress.
Domestic security officials have voiced support for important elements of the framework under consideration. Homeland Security Secretary Michael Chertoff has repeatedly raised doubts about the effectiveness of border fencing in remote desert areas. Mr. Bush signed the fence bill this year, but Congress did not appropriate enough money for it. Officials say they would also prefer a less burdensome process than the original Senate bill outlined.
That bill divided the estimated 12 million illegal immigrants into three groups, those living here for five years or more, those here for two to five years and those here for less than two years.
All but the illegal immigrants living here for five years or more, roughly seven million, would have to leave the country briefly to be eligible for legal status. Those here for fewer than two years would have to leave the country and would not even be guaranteed a slot in a guest worker plan.
Domestic security officials said the original plan would have been enormously difficult to administer because many illegal immigrants lacked documentation to prove how long they had been in the United States.
The officials said it would have fueled a market in fraudulent documents as illegal immigrants scrambled to offer proof of residency.
The three-tiered approach would also discourage millions of illegal immigrants from registering, driving millions deeper underground.
�We do have concerns over breaking it down into that tiered system,� said a domestic security official who insisted on anonymity. �When you do that, you run the risk of people trying to create false documentation that would get them the highest benefits.�
Also expected to have prominent roles in the debate are Representatives Zoe Lofgren, the California Democrat who is likely to head the House Immigration, Border Security and Claims Subcommittee; Howard L. Berman, a California Democrat who has followed immigration issues closely for many years; and Bennie Thompson, the Mississippi Democrat who is set to lead the House Homeland Security Committee and has said he plans to re-evaluate the 700-mile fence.
But Mr. Flake described himself as optimistic, saying the elections had disabused many Republicans of the notion that opposing legalization and guest worker plans would win widespread support.
�That illusion is gone,� he said.
The percentage of Hispanics who voted for Republicans fell to 29 percent, from 44 percent in 2004, and some Republicans say passing immigration bills is a crucial part of the effort to win them back.
Mr. Flake warned that some Republicans might balk at proposals like broadening the number of illegal immigrants eligible for a less burdensome path to citizenship, making passage of bipartisan legislation potentially �politically more difficult.�
The prospects for a bill that contains such a proposal remain particularly uncertain in the House, where many prominent Democrats want to ensure broad bipartisan backing as part of their efforts to maintain their majority in 2008, Congressional aides said.
The House Democrats are concerned about protecting newly elected moderate and conservative Democrats, some of whom had campaigned against legalizing illegal immigrants.
It is also unclear whether Mr. Gutierrez and Mr. Flake will produce the only House legislation on immigration and whether their plan will ultimately become the basis for the bill that emerges.
In the Senate, Mr. Kennedy�s bill certainly has the backing of the Democratic leadership, Congressional aides said.
Senator John Cornyn, Republican of Texas, argued that expanding citizenship eligibility and abandoning financing for the fence would alienate moderates in both parties. The three-tier legalization system, a hard-fought compromise, was critical for moderate Republican support for the original bill.
The plan under consideration would allow 10 million or 11 million illegal immigrants to become eligible to apply for citizenship without returning home, up from 7 million in the original Senate bill. To be granted citizenship, they would have to remain employed, pass background checks, pay fines and back taxes, and enroll in English classes.
�I think it�s a nonstarter,� said Mr. Cornyn, who opposes a path to citizenship for illegal workers, but supports a plan for temporary workers that would let foreigners work here temporarily before returning home.
Congressional aides and lawyers familiar with the proposed bills emphasize that it will be very difficult for a smaller group of illegal immigrants, those who arrived after a certain date, perhaps 2004, to become citizens. The aides said the bill might include incentives for illegal immigrants to leave the country. While they hope such elements may ease concerns, many challenges remain.
Some powerful unions, which expect to exert more leverage in the new Congress, remain deeply opposed to the temporary worker program in the Senate bill. The unions say it threatens American jobs.
Officials at the A.F.L.-C.I.O. say they can scuttle such a plan next year, even though Mr. Bush and businesses say it is critical to ensure an adequate labor force.
There is also the political clock to consider. Supporters of immigration measures acknowledge that the prospects for a bipartisan bill will dim significantly if a bill is not passed before the presidential primaries of 2008 are in full swing.
Some Congressional aides and immigrants� advocates worry about the commitment of Mr. McCain, a likely presidential candidate in 2008.
Mr. McCain has long supported legalization that would not require illegal immigrants to leave the United States. Some advocates fear that his ambitions may lead to a shifting of that stance to avoid alienating moderate Republicans.
A spokeswoman for Mr. McCain said last week that he was not available to comment on the bill being drafted.
Many lawmakers say their hope is growing that Congress will pass an immigration bill next year.
�There are going to be hard choices that are going to be made, because we need to build a bipartisan, broad-based coalition,� said Mr. Gutierrez, who leads the House Democratic immigration group. �But I�m hopeful that in the environment in which we�re working now we can get it done.�
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ItIsNotFunny
01-06 01:15 PM
Israeli shelling kills more than 40 at UN school in Gaza.
http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un
More killing while the world watches silently.
Its barberian to kill innocent people.
My prayers for innocents who got killed.
http://www.guardian.co.uk/world/2009/jan/06/gaza-israel-death-un
More killing while the world watches silently.
Its barberian to kill innocent people.
My prayers for innocents who got killed.
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GCScrewed
07-13 09:30 AM
No matter what discouragement there is, it is definitely worth the try. With the trying, you may not get relieved. But without the trying, you will definitely not. People should also add their own arguments in the letter too. All the comments on how to make this letter better should be welcome. Now it is time to see if this community is really sticking together and if those who benefit will help those suffering.
file485
07-10 04:54 PM
UN..
from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
saveimmigration
08-05 10:41 PM
Totally agree. This letter is factually incorrect.
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
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