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  • Macaca
    05-01 06:05 PM
    A New Immigration Consensus
    A bipartisan coalition of business leaders and mayors have joined together to make the case that visa reform is an economic imperative. (http://online.wsj.com/article/SB10001424052748703387904576279293334248326.html)
    By MICHAEL R. BLOOMBERG | Wall Street Journal

    Last month, President Obama convened a diverse group of business executives, mayors, law enforcement leaders, ministers and advocates at the White House to discuss a problem that threatens America's economic future�our broken immigration system.

    We've tried before to fix it. President George W. Bush made comprehensive immigration reform a major legislative priority during his second term. Congressional leaders from both parties, including Sens. Ted Kennedy and John McCain, worked tirelessly to pass legislation. But the bill could not garner the required votes. Nor could a much narrower bill, the Dream Act, which would have granted legal status to the children of immigrants who enroll in college or the military.

    These defeats have led to a conventional wisdom in Washington that bipartisan immigration reform is impossible. But a new consensus on immigration reform has emerged in the business community that could break the logjam and provide a much-needed jolt to our economy. The idea is simple: Reform the way we attract and keep talented and hard-working people from abroad to better promote economic growth.

    In the global economy, the countries that attract the world's best, brightest and hardest-working will grow and succeed. Those that refuse them entry will not. America has long understood this. We would not have become a global superpower without opening our doors to immigrants�and we cannot long remain one without continuing that practice. Smart, self-motivated immigrants spur the innovations and create the jobs our economy needs to thrive. Between 1995 and 2005, for example, 25% of high-tech startups in the U.S. had at least one immigrant as a key founder. Those companies alone have created 450,000 jobs�with the vast majority of them going to Americans.

    Our global competitors understand how crucial immigrants are to economic growth. They roll out the red carpet for entrepreneurs; we have no entrepreneur visa. They heavily recruit our advanced-degree students; we educate them and send them home. They woo the engineers, scientists and other skilled professionals who invent new products, launch product lines, and develop the technology of tomorrow; we erect arbitrary, senseless and bureaucratic barriers to recruitment. And we do all this even as our unemployment rate hovers around 9%.

    Although each party claims to have the solution to our country's economic woes, neither has embraced a job-creation strategy based on immigration reform, which would not add a penny to the national debt. To spur them into action, a bipartisan coalition of business leaders and mayors has joined together to make the case that visa reform is an economic imperative. In nine months the Partnership for a New American Economy has grown to more than 200 members, including companies that together employ more than 3.5 million people.

    We believe in the need to secure our borders, make it possible to hold businesses accountable for verifying the status of workers, address the reality that 11 million people are here illegally and cannot be deported en masse�and increase lawful opportunities for those who want to come to this country and contribute to our prosperity. Nevertheless, our nation cannot afford to wait for Washington to get its act together and pass comprehensive immigration reform. There is too much at stake. Our economy demands that we take immediate action on the most urgent�and politically attainable�reform: making it easier for job creators to come and stay here.

    Creating a visa for entrepreneurs who already have funding to start their businesses will lead directly and immediately to American jobs. Visa reforms to improve temporary and permanent pathways for companies to fill the current shortages of engineers, scientists and other specialists�whose annual visa caps are often exhausted within days of becoming available�will spur growth at existing U.S. companies.

    Providing visas to the brightest foreign graduates of our universities will allow our economy to reap the rewards of their work. At the same time, allowing immigrants who succeed in college, or serve in our military, the chance to pursue a career and build their lives here legally will strengthen the long-term health of the American economy.

    Finally, developing a reliable way for employers to hire guest workers�who grow the nation's food, support our $1.3 trillion tourism industry, and fill seasonal gaps across industries�will help support U.S. businesses and create additional, better-paying American jobs.

    Those who focus on where the parties differ on immigration, rather than where they both agree, have paralyzed the debate in Washington for far too long. Despite this deadlock, there is an opportunity for both parties to seize upon the economics of immigration reform and focus on what all Americans agree we need: more jobs. Leaders of both parties talk about creating jobs, but they are ignoring the voices of business leaders who can actually create them�if only Congress would give them the tools.

    Mr. Bloomberg, an independent, is mayor of New York City

    In Arizona, Sheriff Joe Arpaio shrugs off a rough April (http://www.latimes.com/news/nationworld/nation/la-na-arpaio-trouble-20110501,0,3084923.story) By Nicholas Riccardi | Los Angeles Times
    Obama renews call for immigration action in Miami speech (http://www.washingtonpost.com/politics/obama-renews-call-for-immigration-action-in-miami-speech/2011/04/29/AFbdHUHF_story.html) By Perry Bacon Jr. | The Washington Post





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  • rockstart
    03-23 12:19 PM
    If the e-mail address is ending with "dot GOV" then you should be fine. If some is mailing from yahoo & gmail then dont respond.

    thanks for the suggestion..if I get email..I will ask for a Mailing address for sure.





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  • yabadaba
    08-11 08:24 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate





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  • pitha
    04-09 12:42 PM
    Absolutely correct. When a company hires someone they are not just thinking about QA, junior programer etc they are thinking about the growth potential of that individual. You dont even need a seconday school certificate to do a QA job, but if the company is any good they will try to access your skills beyond the immediate required position and see how you might grow and be an asset to the company.

    I am sorry to hear this sense of mediocrity that you want to perpetuate - maybe, I made a mistake by preaching to the wrong set of folks. The person I want to hire for a particular position should be smart enough to move to other positions (if the original position were to go away or if his/her career plans were to change). The last thing I want is to hire a person whose skills are not transferrable to a different job position.

    I have myself moved from development to management to business and all because I believe I have the base skills to be an effective, valuable employee (and alas, every time I have done the change, my GC has been re-applied).

    In a competitive world, you are better off hiring the best talent - just pay close attention to the kind of folks McKenzie/BCG hires.



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  • NKR
    08-06 03:15 PM
    speaking of DOTs..how do you give Dots?

    Send a PM to soni and ask, he/she gave me one.





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  • vghc
    01-07 01:49 PM
    All Muslims are NOT terrorists, but 99.9% terrorists ARE muslims.



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  • dtekkedil
    10-02 10:46 PM
    I have always been a supporter of Democrats. Because I believe in their philosophy. If I were a citizen, I probably would have even joined the Democratic party.

    However, the past two years have opened my eyes - There is one major difference between the Republicans and Democrats. Republicans are bullies and manage to get away with anything because they stand together. Where as Democrats can't even collectively make a decision on what color shoes to wear - every Democrat has a personal agenda that is more important to them than the good of the country or even the party.

    I truly believe that George W Bush did not win the first election and he did not win the second one either... the Democrats lost it!

    The Republicans may put the wealthy and big corporations ahead of us common folks but they can achieve more than the Democrats and perhaps some of that may trickle down to the rest of us. The Democrats on the other hand will be busy squabbling and nothing will get done.

    So, even if Obama wants to fix immigration or be sympathetic to our cause, there will definitely be others like Sen. Durbin who will attempt to stop him. In the end, four years down the line, we will be hoping for the next President to help our cause.

    I have been in this country for over 10 years and I am still waiting for a Green Card. I love this country and there is no other place on Earth that I want to settle down. However, there comes a point when I have to ask myself if this wait in limbo is worth it.

    Is all this really worth it? Not being able to settle down; not being able to make plans for the future. Worrying everyday if the company that I work for will have a bad quarter and have to let me go? Worrying about when I will have to pack up my things from this country and start fresh in some other place? Will I have to live with all this stress for another five or six years only to be told that my Green Card cannot be approved? Where will I go? Can I go back to India? Will I be able to cope with the culture there anymore? Can it be my HOME anymore?

    I am sure the same thoughts have gone through many of your minds.

    I have always believed that I should be more than what I am. How can I do that when I can't even be what I am. There are so many things I want to do. I am a man of science and I have ideas that could probably change the world tomorrow. But I can't even do my PhD. It is not because I am not smart enough, it is because I have started my Green card process and I cant go back to being a full time student because I need an F-1 visa... which I am not eligible for because I have started my Green card process!

    What I am trying to say is that we are paying too high a price for a Green Card, there is only one life, it is short and you don't get second chances. So, for those who have just started this Green Card process, my advice to you is; Don't let the Green Card carrot steal your life away from you. You still haven't invested many years of your lives, cut your losses and run!

    The last time I came back from India, the first and overwhelming thought I had when I stepped out of the airplane was "I'm Home!". That is when I realized that I am not an Indian anymore, I am an American; at least in my mind! But I cannot let my life pass me by while I wait for a Green Card; not anymore! I am in the process of applying for an Australian PR and will also be applying for a Canadian PR. It is not that I do not want to live in the US anymore - it is just that I cant afford to live here much longer in this situation. The emotional and physical cost is far too high. America has become my home but living here is costing me my life.

    Sorry for rambling on... but my point is that while my heart wants Obama to win (I truly believe he will make a GREAT president) my head tells me that McCain should win. Because, the chances of our issues being solved or even for the good of this country, it is better to have a Republican President and a Republican congress!



    On a side note -

    The point of getting a Green Card is so that I can settle here and raise my family here. But really, is there a future here anymore? Social Security will be non-existent by the time I retire, medical insurance is probably the biggest scam ever, and all jobs will be outsourced to other countries soon. So, will the US remain such a great country 40 years down the line?

    A country can remain great only if men with vision guide it. Over 50 years ago President Eisenhower and his colleagues had the vision to implement the Interstate system. They saw what things will be like 40 - 50 years down the line and prepared for it. Today, the politicians in Washington just think about the next election and that is where the downfall of America begins. It is not Bin Laden who can destroy America, it is leaders without vision or love for the country; Leaders who worry more about elections than making the tough but correct decisions.

    Be it Obama or McCain, this country is unfortunately in a situation where the next President will make or break America. I hope it is the former from the bottom of my heart.

    I came to this country because it meant life, liberty and pursuit of happiness. But today, I realize that I have given up my life, liberty and happiness in pursuit of a Green Card.





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  • Gravitation
    03-25 04:20 PM
    www.realtytrac.com (http://www.realtytrac.com) will give you a list. But its $40.month. I heard you can get some stale info.

    Go to biggerpockets.com Its like IV forum. It will give all the info on how to learn, swim and survive in real estate ocean.

    BiggerPockets.com looks like a nice website. It's for real estate investors. I just signed up on this web-site as I'm closing on a 4-family house next month. Another good site for real estate investors is mrlandlord.com. Though I don't think there are many investors here.



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  • ArkBird
    01-10 03:36 AM
    man, what r u talking about?!!!
    Britain didn't give any land to Egypt or Jordan.. After half a century of enabling jewish migration to palestine (not out of its kind heart, but an anti-semetic european plan to rid europe of them), Britain suddenly pulled out of the region in 1947 and Israeli gangs started going village to village massacring palestinians and throwing them off their lands. egypt managed to protect the palestinians who fled to gaza, about 1.5 million refugees now crammed in that very tiny city, jordan protected the ones who fled to the west bank, but again Israel attacked and occupied both of these since 1967 Imagine being kicked off your prosperous home and put in a refugee camp nearby while others enjoy your home, then them complaining that you should be pleased they allow you to live in the refugee camp and you should let them live in peace..
    at least get some basics about gaza here if you want to discuss it http://www.nytimes.com/2009/01/08/opinion/08khalidi.html

    And your source is RASHID KHALIDI!

    I rest my case. Anyone knowing anything about Middle East conflict knows how biased and pro-Palestinian this guy is.

    Partition of Palestine was done as per United Nations General Assembly Resolution 181

    Stop smoking pot!





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

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

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



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  • senthil1
    04-06 09:50 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered

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

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





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  • Macaca
    02-17 02:14 PM
    The Lobbying Disclosure Act of 1995 (http://www.senate.gov/reference/reference_index_subjects/Lobbying_vrd.htm) establishes criteria for determining when an organization or firm should register their employees as lobbyists. Lobbyists register with the Senate Office of Public Records (SOPR (http://www.senate.gov/pagelayout/legislative/one_item_and_teasers/opr.htm)). SOPR receives, processes, and maintains for public inspection records filed with the Secretary of the Senate (http://www.senate.gov/reference/office/secretary_of_senate.htm) involving the Lobbying Disclosure Act, the Federal Election Campaign Act (http://www.fec.gov/law/feca/feca.shtml), the Ethics in Government Act, the Mutual Security Act, and the Senate Code of Official Conduct. The office has many other responsibilities in addition to their lobbyist registration duties.

    Resources

    Lobby Filing Disclosure Program (http://sopr.senate.gov/)
    HOW TO USE THE PROGRAM (http://sopr.senate.gov/help.htm)
    Example: Find amount paid by IV

    Go to Senate Office of Public Records (http://sopr.senate.gov)
    Click on Access the US Lobby Report Images for All Years (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=0)
    Highlight Client Name and then click on button Go
    Type Immigration Voice in client name field and then click on button Go
    Click on Immigration Voice Corporation (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3&CLI=IMMIGRATION%20VOICE%20CORPORATION&CLIQUAL==)
    The 3 links are

    QGA registered IV as client (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2006/E/000/078/000078315|2)
    Mid-Year Report (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2006/EH/000/141/000141275|3) (Jan 1- Jun 30)
    Year-End Report (http://sopr.senate.gov/cgi-win/opr_gifviewer.exe?/2007/E/000/034/000034084|2) (July 1 - Dec 31)


    Follow above steps for anti-immigration organizations (FAIR (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3&CLI=FEDERATION%20FOR%20AMERICAN%20IMMIGRATION%20RE FORM&CLIQUAL==), NumbersUSA (http://sopr.senate.gov/cgi-win/m_opr_viewer.exe?DoFn=3), ...) House (http://lobbyingdisclosure.house.gov/index.html)
    Lobbying Spending Database (http://www.crp.org/lobbyists/index.asp)



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  • Macaca
    12-21 09:53 AM
    Despite �High Note,� Bush Scolds Congress as Wasteful (http://www.nytimes.com/2007/12/21/washington/21bush.html?_r=1&adxnnl=1&oref=slogin&adxnnlx=1198249370-yXwz0kW/+W6bJYa4zIwlqA) By STEVEN LEE MYERS | NY Times, Dec 21, 2007

    WASHINGTON � Having beaten back most of the Democrats� legislative initiatives, President Bush chided Congress on Thursday for wasteful spending and announced that his budget director would seek ways to reverse some of the thousands of spending projects attached to a huge spending bill.

    Mr. Bush said he and the Congress had ended the year �on a high note,� welcoming a new energy bill, provisions to help people struggling to refinance mortgages, a deferral of the alternative minimum tax that could have affected millions of middle-class taxpayers and an agreement on a $555 billion spending plan that avoided new taxes.

    But reflecting the partisan divides that overshadowed those accomplishments, he promptly criticized Congress, citing a sluggish pace of work, refusal to adopt other pieces of legislation important to the White House and its affection for pet spending projects known as earmarks.

    �The omnibus bill was approved at the last minute, nearly three months after the end of the fiscal year,� Mr. Bush said, returning to a near-constant theme of accusing the Democrats who control Congress of fiscal irresponsibility. �When Congress wastes so much time and leaves its work to the final days before Christmas, it is not a responsible way to run this government.�

    The flurry of activity virtually ending the first session of the 110th Congress left many issues unresolved, setting the stage for new confrontations when Congress returns after the holidays. They include expanding a federal health care program for children, extending legislation allowing intelligence agencies to monitor communications and approving more spending for the wars in Iraq and Afghanistan. Congress has so far agreed to $70 billion of the $196 billion the White House has requested in emergency spending for the wars.

    Mr. Bush offered no indication that he would be any more compromising with the Democrats.

    �Next year is an election year, but that does not relieve us of our responsibility to carry out the people�s business,� he said. �The American people did not elect us to govern in odd years and campaign in even years.�

    For Mr. Bush and the White House, who began the year facing Democratic majorities in Congress, the mood near the end of the session was almost ebullient. After shoring up wavering support for Iraq from Republicans in the summer, the White House managed to keep the party united, defeating Democratic initiatives, even if failing to win Mr. Bush�s own proposals, most prominently changes in immigration laws.

    �On taxes, and national security issues generally, Republicans are in lockstep,� the White House director of legislative affairs, Candi Wolff, said in an interview, describing the president�s ability to hold his party. �We could hold the House on most votes at 146, and therefore had the veto-sustaining strength to say that bad legislation can�t get through.�

    At his news conference, Mr. Bush said that the budget director, James A. Nussle, would review 9,800 earmarks in the last spending bill, along with 2,100 more attached to a military spending bill passed earlier.

    Mr. Nussle�s spokesman, Sean M. Kevelighan, said the administration could seek to cut or redirect some spending projects approved by Congress.

    �There are potential options available,� Mr. Kevelighan said, adding that it was too soon to say what, if any, spending projects could be eliminated or changed.

    Frustrated Democrats accused the president of hypocrisy for attacking them after years of increasing spending under a Republican-controlled Congress. They responded by saying the earmarks in current spending bill were far more transparent � and so less wasteful � than those passed by Republican majorities during Mr. Bush�s presidency.

    �Nobody said we were going to end them,� Representative Rahm Emanuel of Illinois, chairman of the House Democratic Caucus, said in a telephone interview in which he boasted of two of his own earmarks for schools and the police in his district. �We said you�d know who put them in.�





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  • gc_chahiye
    08-14 08:49 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.



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  • chintu25
    08-05 10:07 AM
    :DGuys ,
    The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc

    Here are some funny quotes to start with

    I don't think President fully understands this immigration thing.
    Like today, when they asked him about amnesty, he said it's horrible
    when anyone loses their memory." --Jay Leno

    "As you know, today was Don't Take Your Immigrant To Work Day
    here in Los Angeles. No, all across the nation they had a Day Without
    Immigrants, is what they call it. Or, as Native Americans call it, the
    good ol' days." --Jay Leno





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  • hiralal
    06-06 02:48 PM
    the above is harshly put ..should have been in better wording but sadly the essence is correct. I had similar feeling ..after years and years if they cannot give me a plastic green card then I don't want to put my hard earned money in immovable asset and keep paying extra taxes (property plus other) year after year.
    also there is a 0.000000000001 percent chance that they may come up with law of faster GC for those who buy a house (almost impossible that it will happen but who knows and might as well keep that route open :D)



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  • Macaca
    05-12 05:53 PM
    A Right of All Citizens
    Why naturalized Americans should be allowed to run for president. (http://www.tnr.com/article/politics/88161/obama-birther-constitution-natural-citizens-president)
    By Randall Kennedy | The New Republic

    The controversy over President Barack Obama�s birth certificate reveals that more is wrong with the United States than the presence of demagogues, bigots, and cranks. After all, the foundation of the birthers� allegation was the Constitution of the United States, specifically Article II, which declares that �[n]o person except a natural born Citizen of the United States, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.� That provision invidiously discriminates against the many Americans (nearly 17 million in 2009) who were born abroad and have become naturalized citizens. Few people have realistic prospects of winning the country�s top elective office whatever their background. But excluding certain citizens from consideration based merely on nativity is unjust and self-destructive. It makes second-class citizens of naturalized citizens by suggesting that they are somehow not as American and not as trustworthy as �real� Americans who are native-born. It also deprives the United States of putting to use at the apex of government the manifold talents of all American citizens.

    The natural-born citizen requirement received little attention at the constitutional convention of 1787. Historians trace it to a recommendation made to George Washington by John Jay, who later became the first chief justice of the Supreme Court. �Permit me to hint,� Jay remarked in a letter, �whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in Chief of the American army shall not be given to nor evolve on, any but a natural-born Citizen.� In other words, some in the founding generation feared that the foreign-born might retain a secret or latent loyalty to their land of birth. Another fear was that European powers might insinuate within the new republic agents who would rise to power, subvert the young democracy, and reimpose monarchy. The �general propriety of the exclusion of foreigners � will scarcely be doubted by any sound statesmen,� Justice Joseph Story declared in his Commentaries on the Constitution of the United States. �It cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office.�

    Whether or not this absolute bar based on nativity made sense at the founding, it is now dangerously unfair and unwise. It stigmatizes all immigrants, expressing in the fundamental law of the United States a judgment that they are irremediably flawed, forever cast under a pall of increased suspicion, perpetually labeled as less fully American than fellow citizens who happen to have been native-born. Idolatry of place of birth is a rank superstition. Nativity indicates nothing about a person�s willed attachment to a nation, a polity, or a way of life. Nativity denotes an accident of fate over which an individual has no control.

    Many continue to believe that, at least with respect to the presidency, being born abroad, no matter what one�s contribution to the country, raises a sufficient question to warrant ineligibility. �I don�t think it is unfair to say the president of the United States should be a native-born citizen,� Senator Dianne Feinstein declared several years ago at a hearing of the Senate Judiciary Committee devoted to considering a proposal to amend the natural-born citizen exclusion. �Your allegiance is driven by your birth.�

    Feinstein�s intuition is wrong. On the one hand, there are the numerous examples of immigrants who, having chosen to become citizens, have poured their all into the development and defense of this country�including about 700 persons, born abroad, who have been awarded the nation�s highest military award for bravery, the Medal of Honor. On the other hand, there are native-born Americans who have disgraced themselves and endangered their neighbors by despicable acts of betrayal. One thinks here of Robert Hanssen, the CIA double-agent; Timothy McVeigh, the Oklahoma City bomber; and John Walker Lindh, the American Taliban soldier. Defenders of the exclusion of foreign-born citizens sometimes express fear of a �Manchurian Candidate,� alluding to the novel by Richard Condon and two spinoff films that portray the danger posed by brainwashed officials who rise to high positions. But the exclusionists seem to forget that the fictional characters to whom they refer were American-born.

    The natural-born exclusion fetishizes nativity. When it comes to assessing loyalty, what should matter is indicia of demonstrated allegiance. But, even if one attaches significance to the socialization that a person experiences growing up, a focus on mere nativity is misleading. As noted by Sarah Helene Duggin and Mary Beth Collins in their excellent 2005 Boston University Law Review article, �Natural Born� in the USA,� under our current rule, �An infant born in one of the fifty states but raised in a foreign country by non-United States citizens could serve as President, while a foreign born child adopted by United States citizens at two months of age and raised in the United states would not be eligible to become President.�

    The Constitution�s invidious discrimination against immigrants is constantly overlooked. In 2004, at the Republican National Convention, the governor of California, Arnold Schwarzenegger, proclaimed that, in America, �it doesn�t make any difference where you were born.� Obviously, though, that was and is erroneous. Because of the natural-born exclusion, Schwarzenegger could never hope to be president since he was born in Austria. Other prominent Americans who have similarly been disqualified from the presidency include John Shalikashvili, former chairman of the Joint Chiefs of Staff; Madeleine Albright, former Secretary of State; and Lowell Weicker, former United States Senator. There are many good reasons why former Secretary of State Henry Kissinger should never have been considered for the presidency; that he was born in Germany should not have been one of them.

    In 2008, in a speech entitled �The America We Love,� then-Senator Barack Obama asserted that an �essential American idea� is the belief that �we are not constrained by the accident of birth but can make of our lives what we will.� What he stated should be an essential idea and practice. If it was, we would have been spared the depressing furor over his birth certificate because where he was born would be irrelevant to assessing his fitness for the presidency.

    Writing in the Constitution�s bicentennial year, William Safire declared that the �blatantly discriminatory eligibility clause is a blot on the national escutcheon and an anachronistic offense to conscience.� Why, he asked, �do we allow Jay�s outmoded suspicion to dry up our talent pool and insult our most valuable imports?� Why, indeed? We ought to amend the Constitution by removing the natural-born citizenship requirement. We ought to free the American people to decide whom they want as their president. Place of birth should pose no bar.

    Randall Kennedy is the Michael R. Klein Professor of Law at Harvard University and the author of The Persistent Color Line: Racial Politics and the Obama Presidency (Pantheon Books, August 2011)


    What Mr. Obama can do to further immigration reform (http://www.washingtonpost.com/opinions/what-mr-obama-can-do-to-further-immigration-reform/2011/05/05/AFzt8fsG_story.html) The Washington Post Editorial
    Can Business Change the Immigration Debate? (http://blogs.cfr.org/oneil/2011/05/11/can-business-change-the-immigration-debate/) By Shannon K. O'Neil | Council on Foreign Relations
    Get moving on immigration reform (http://www.latimes.com/news/opinion/opinionla/la-ed-immigration-20110512,0,5217717.story) Los Angeles Times Editorial
    The state of play on immigration reform (http://www.washingtonpost.com/blogs/ezra-klein/post/the-state-of-play-on-immigration-reform/2011/05/09/AFR5sPrG_blog.html) By Ezra Klein | Washington Post
    Obama's Immigration Reform Vision: Clouded by Cynicism (http://www1.realclearpolitics.com/articles/2011/05/12/obamas_immigration_reform_vision_clouded_by_cynici sm_109830.html) By Mark Salter, RealClearPolitics
    Citizen children and life under the radar (http://www.latimes.com/news/opinion/commentary/la-oe-yoshikawa-immigration-20110512,0,6784773.story) By Hirokazu Yoshikawa | Los Angeles Times
    Immigration reform and border security: Obama's standards (http://www.csmonitor.com/Commentary/the-monitors-view/2011/0510/Immigration-reform-and-border-security-Obama-s-standards) CS Monitor Editorial





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  • easygoer
    01-08 12:28 PM
    Rayyan,

    You are a highly skilled person. Think objectively:

    1. This thread is not immigration related. It is a non-immigration thread that admins allow just as a communication platform among people and has nothing to do with IV.

    2. People can have their opinions. You really can't stop. It becomes objectionable when it is personal. Then, you report as Abusive link and moderators will take actions. I have reported couple of abusive language posts in past and action was taken in very short time.

    3. Please don't mix issues. Your efforts for enlightening people about immigration issues are appreciated. You should not leave because couple of threads are running that you don't like.

    My 2 cents to you, to bfadlia and everyone.

    My requests to all "Please end this discussion immediately". This is hurting our own people. There are no bad religion and good religion. We have seen over the time period whenever any relgion allowed their religion heads to dominate politics and day to day life (including Hindu, Christian in the past), they have created havoc. Every religion experienced this in the past. Please repect other's religion feeling and stop it. Let's concentrate on our main issue of immigration all together.





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  • skakodker
    12-31 10:58 AM
    India needs to look inwards for answers.

    We elect (those of us who actually vote) brigands, murderers and looters and expect leadership. They loot us, abuse our martyrs (re: the Kerala CM), and in turn, expect our mute subservience. Where is the interest in protecting the tax-paying citizen? Who cares? Look at how these vultures behave - Narayana Rane, Vilasrao Deshmukh, that ass-clown in Kerala. What a disgrace!

    Corruption has taken root in the administration and even some parts of our military services. Nothing gets done without someone's palms being greased first - openly and without shame. My friends in the IAS live like kings. When they visit New York, they live in the Waldorf Astoria! Meanwhile, our brave soldiers are called upon to give all they have in avoidable debacles like what we witnessed in Mumbai.

    One thinks twice before reporting a crime to the Police for fear of persecution. Journalists who catch Politicians accepting bribes on video camera are chastized. Many parts of India remain as backward and undeveloped as the day we kicked the British Raj out. Some might say they've regressed even further. I sometimes wonder if Churchill was right when he said that we'd only mess things up if they gave us Independence.

    Yet, since 50 milliion Indians are enjoying relative economic well-being, we believe that India is shining.

    Will attacking Pakistan really make India safer? Really? I have yet to see a single instance when violence was not met with more violence. Look at the Middle East, Sri Lanka, Kashmir, Iraq, Colombia, Peru - the list goes on and on and on.

    The fix is internal. Our freedom fighters came up against what was then thought to be an unmovable object and somehow moved it. There must be a way to leverage the tools they used with today's technology to help us bring change and conduct our affairs with dignity and courage. Attacking Pakistan will only bring to India the problems that overran them. They are pitiful.

    Peace to all.





    senthil1
    08-02 11:29 PM
    AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
    These 2 rules are contraditory in nature.
    Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.

    Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.

    If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases





    Munna Bhai
    07-09 05:06 AM
    We won`t get any letter from that comapany as my husband din`t exit in good terms.(Ofcourse if they won`t pay him for months).
    I do believe in our case the reasons are more to do with the officer dealing the case than with actual technical issues.
    In the NOID they said the reason mainly was( he changed from company A to B to C but when he reentered he entered on B instead of C .at that time was not very knowledgeable about all this stuff)he reentry was not legal and was willful misrepresentaton of facts.
    Then our lawyer in our reply sent that as long as both visas are still valid it is legal.Then now they state ok his reentry is not wrong only the paystubs part is wrong and stating he never worked for that company chose to deny.

    Your case is doable, get hold of some good attorney and tell them all the fact and as long as employer-employee relationship exist, you are on valid H1b. Hence since your Husband was without paystub but his I-94 was valid,it should not create much problem.

    But do get intouch with old company.