Tuesday, July 5, 2011

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  • sc3
    07-14 12:57 PM
    USCIS has not changed any law they have re-interpreted an existing law which was unclear and some folks have said that CIS interprets laws based on inputs from congress to understand the intent behind the law. If you complain to CIS that you have changed law they will send you a polite reply that we do not make any laws we just implement it.

    * When was it unclear?
    * Why did it take so long for USCIS to see that the law was unclear?
    * What caused USCIS to realize that the law was unclear?
    * What caused them to change their interpretation?
    * How did USCIS use up all of EB2-I numbers in the very first quarter? (Very illegal thing to do)

    Come on, dont be so picky. You know what I mean when I said USCIS changed the law. Dont argue on syntax.

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  • amitga
    01-28 10:33 AM
    There has never been a mention of the H1b visas approved and those that do not fall under the quota....

    This guy is just after his ratings nothing else...his book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home. (CNN has a few hundreds of them on H1b)

    When there was a huge debate on illegal immigration he quoted he was all for legal immigration. The only way one can legally immigrate with skills is via H1b visa and he is against it.

    Can't Lou be sued for intentionally having false information in his book. At lease we should all add negative comments about his book on Amazon.com reviews. His book rating on Amazon is 4 and we should add 30-40 comments to bring the rating to at least 2-3 star.

    Lou's Book (http://www.amazon.com/War-Middle-Class-Government-Business/dp/0670037923/sr=8-1/qid=1170001461/ref=pd_bbs_1/002-9355488-1919237?ie=UTF8&s=books)

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  • prolegalimmi
    07-11 02:44 PM
    Dear unitednations,

    If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!

    Good to see you here...please stay on !!


    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b

    8) go to uscis.gov and read the INA and CFR's


    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...

    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.

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  • Macaca
    05-18 05:23 PM
    Guilty by Association (http://www.foreignpolicy.com/articles/2011/05/17/guilty_by_association) By RACHEL BEITARIE | Foreign Policy

    On a quiet block in western Beijing where otherwise only a few retirees can be seen walking their dogs or trimming their bushes, one building is under constant and conspicuous surveillance. A plainclothes policeman stands guard before an entranceway, while another keeps watch sitting inside a small cabin.

    The unlikely object of the Chinese state's attention in this instance is Liu Xia, a painter, poet, and photographer -- and the wife of Nobel Peace Prize laureate Liu Xiaobo. Guilty by association, she has been under house arrest, with almost no contact with the outside world, since November 2010, when her husband's award was announced. No one has heard from Liu since February, and her friends are increasingly worried about her health. Still, there is no sign that the authorities are planning to relent.

    Liu's arrest underscores a peculiar aspect to the recent Chinese crackdown on political dissidents that has seen the detention of dozens of prominent activists, intellectuals, and artists. Authorities are increasingly targeting not just critics of the ruling party, but their family members, including spouses, parents, and even young children. While the dissidents gain the headlines, their relatives are punished out of the spotlight. Though the wife of jailed artist Ai Weiwei was recently allowed a visit her husband, she could be next in line to lose her freedom.

    It's a punitive strategy that seeks to exploit Chinese traditions of filial piety. For China's dissidents, family is often both a source of strength and weakness: Chinese families tend to be close and highly involved in each other lives, and they take seriously the promise to stick together through thick and thin. The government, aware of these close ties, is using them to put more pressure on activists.

    It also bears echoes of the Cultural Revolution-era, when many Chinese families were torn apart as spouses and children were forced to denounce loved ones labeled by the authorities as capitalist traitors and were sometimes forced to take part in their public humiliation. Today's China is again making a policy of manipulating familial love and devotion to suppress any political challenges.

    "One of the more troubling trends we see in recent years has been for the government to more directly involve family members," observes Joshua Rosenzweig, a senior researcher at the Dui Hua Foundation, a U.S.-based organization dedicated to improving human rights in China. "We see surveillance, constant harassment, even extended house arrests. These all happened before, but now they have become routine" -- as in the case of Liu Xia. Rosenzweig adds, "Legal procedure has become irrelevant" in the Communist Party's quest to maintain stability. Under Chinese law, there is no procedure that allows for a person to be held indefinitely under house arrest without charges or a police investigation. "To put it simply, families are being held hostage," says Rosenzweig.

    Zeng Jinyan would concur. She has been under constant surveillance and subject to frequent house arrests ever since 2001, when she met her husband, AIDS activist Hu Jia, who is now serving a three-and-a-half-year sentence for "subversion of state power." Zeng was a student when they met, and she says she never imagined her life turning out the way it did. "I thought I'll graduate, find a job, and marry. I planned on a simple life and was hoping I could have enough time and money to travel the world," she tells me in a telephone interview. But she has since become an acclaimed activist in her own right, detailing her everyday life under the party's watchful eye on her blog and Twitter account. In 2007, Time magazine included her on its list of the world's 100 most influential people. Clearly, the regime's strategy backfired in this case.

    Most families, however, don't have nearly that kind of wherewithal. Take, for example, the family of Chen Guangcheng, a blind, self-taught lawyer from Shandong province who was imprisoned for four years for his work with disenfranchised villagers and woman forced to have abortions. After his release, he was forced to live in isolation in a Shandong village, together with his wife, Yuan Weijing, and their 6-year-old daughter. Yuan is denied almost all contact to the outside world, including to her son, who she sent away to be raised by relatives so that he can attend school. In February, the couple managed to smuggle a video out of the country in which they described their plight. They were reportedly beaten and denied medical treatment after the video was posted online.

    On the phone, Zeng describes the successive levels of pressure that the government applies to her: "First of all, there is worrying about [Hu's] safety. For some time, we didn't even know where he was and what kind of abuse he was suffering. I worry about his health, about his mental situation."

    "Then there is the question of making a living and sustaining some income as a de facto single mother," she continues. (Zeng's daughter is three-and-a-half years old. Her father was imprisoned shortly after she was born). "Because of constant police harassment, I could not get a good job or start a business. For a time, I couldn't even get a nanny for my child because when I hired one, the police would threaten her and scare her away."

    Zeng says the psychological warfare she faces is brutal. Between threats and detentions, she repeatedly has to deal with the innuendo from her surveillance teams and government-sponsored neighborhood committees, which suggest there were "high-positioned" men "interested" in her and imply that she could improve her situation greatly if only she would leave her partner.

    "All this is meant to isolate me from society and to break me down," Zeng concludes. "Sometimes it works. They planted deep trauma in my heart."

    Although Zeng has chosen to join her husband in dissenting against the government, picking up where Hu was forced to leave off when he was arrested for his activism, some relatives of dissidents prefer to keep quiet. Still others try to actively distance themselves from activism, sometimes going so far as to move to an entirely new city or even to file for divorce. That's what happened in the case of Yang Zili, a social commentator who was imprisoned for eight years in 2001 for organizing a discussion group on political issues. His wife at the time, Lu Kun, petitioned several times on his behalf, took care of his defense and finances, and visited prison when allowed, but eventually moved to the United States. The couple divorced after Yang was released in 2009. Yang says he understood her decision. "It is just too much pressure, being the wife of a dissident in China; it's a fate many prefer to avoid," he says. Still, Lu's choice also made Yang's life more difficult: the last couple of years of his prison term he was held in almost complete isolation, with no family visits at all.

    "Tactics are definitely designed to put pressure on those who contemplate political activism," Rosenzweig explains. "It is one thing to be willing to confront authorities or even go to jail, and another thing to know your family will suffer. This doesn't always deter everyone from speaking up, but it is a factor dissidents take into account." Liu Xiaobo, the Nobel laureate, referred to this factor in addressing his wife in a speech before the court that sentenced him -- after a speedy trial that Liu Xia was not allowed to attend -- to 11 years in prison: "Throughout all these years ... our love was full of bitterness imposed by outside circumstances, but as I savor its aftertaste, it remains boundless. I am serving my sentence in a tangible prison, while you wait in the intangible prison of the heart. Your love is the sunlight that leaps over high walls and penetrates the iron bars of my prison window, stroking every inch of my skin.... My love for you, on the other hand, is so full of remorse and regret that it at times makes me stagger under its weight," Liu said.

    Wives (and in some cases husbands) are not the only ones who earn the attention of the state: Zeng's parents, who live in Fujian province, receive frequent police visits, while her in-laws in Beijing were put under house arrest several times. In another case, the elderly parents of an activist were threatened by the local police in their small town and were then rushed to Beijing so that they could pressure their son to stop his involvement in human rights organizations. A Shanghai lawyer, Li Tiantian, reported in February that her boyfriend was threatened that he'll be dismissed from his job on account of her activism. Li has since been taken into police custody.


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  • chanduv23
    04-12 05:09 PM
    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.

    On a side note
    There are serious health implications working on a sedentry job like software coding for long hours. You will notice it after you are 40. No company will give you your health back.
    I recently had a big conversation with the doctor about this when i went for my phhysicals. Doctors say the software engineer lifestyle where people work long long hours is not a good lifestyle. I explained to him that it is because people's green cards is tied up and they do it by compulsion.
    I have seen some people working continuously for days , weeks , months together. I have done that too. It is not a good thing to do. health is wealth and one must take care of it first.

    This is what happens in India where a lot of outsourcing is going on. Young engineers getting high pay and expected to work long hours "this seems to be an unofficial protocol" and thats how the whole industry has turned out to be.

    Here you have your weekends - save your weekends for yoruself. Go out enjoy. If your office calls ur cell switch it off or keep it on vibrate. Go and golf, watch broad way shows, play tennis , etc..

    I do not wish to deviate from the original topic. But just wanted to let you know that "Your health is your first priority"

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  • ArkBird
    01-06 05:22 PM
    You are educated by CNN and Fox. Go see what others are saying. Don't just be one sided.

    Yes, when you kill Muslims its collateral damage. Killing school kids and bombing schools and hospital is collateral damage. If we have this mentality, yes we would see peace and harmony in this world.

    What do you mean by "Others"? Al-Jazeera? Al-Aqsa? Al-Manar?? FYI, Here are couple of Articles from the charter of Hamas. And you think Hamas is peace loving organization because........ ?

    Article 7 of the Hamas Covenant states the following: "The Day of Judgement will not come about until Muslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslems, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, (the Cedar tree) would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslem).

    Article 22 claims that the French revolution, the Russian revolution, colonialism and both world wars were created by the Zionists. It also claims the Freemasons and Rotary clubs are Zionist fronts. "You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.


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  • xyzgc
    01-01 07:48 PM
    earlier even I had views like yours (one of our close friend was killed in 1993 blasts) ,,but think with a cool mind ..war will just lead to loss of more lives, economy everywhere will be devastated and you get more hardcore idiots/fundamentalists ..you don't set a house on fire to kill few rats ..there are changes happening ..pakistan has killed many terrorists on its borders
    lets first see where we Indians are at fault ..which did congress (I) remove POTA, why were they (BJP included) advocating more train/bus tours with pakistan, why grant them visas at all ..why can't India fortify its borders (apparently politicians have tons of money for foreign tours and medical visits ..VP singh, kamal nath , there was one politician from Tamil nadu who spent crores and crores in a hospital in texas) ..why can't they give proper salary, weapons, immunity to police force ..why do they give special status to Indian muslims (instead of trying to integrate them in the main stream), why the HAJ subsidy ..I can go on and on ..lets first focus on changing these things before talking about war

    Yes, your points are valid. I agree with you. I have the same views and part of the frustration is that the govt doesn't do anything to improve the security. Folks just complain how incompetent the police is, but the police are never paid well, don't have enough arms.
    I wonder why they paid Govt employees so less, who will not be corrupt if you are paid so less...now the salaries are better. My dad was a never govt employee but I'm sad that Govt folks were so much underpaid!

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  • Macaca
    03-19 01:23 PM
    Lobbying in a Web World (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/18/AR2007031801138.html)

    Speaking of doing better on the Hill, sign up now for the U.S. Chamber of Commerce's April 3 lobbying workshop: "Getting Heard on Capitol Hill." It's part of a four-workshop series, "Winning in a Web World; Online Strategies for Grass-Roots Advocacy." (If you don't yet have grass roots, you can find out how to create them. )

    The three panels on April 3 include one about using the Internet and another on "activating the grass roots." There's also a Q&A session on how lobbying reforms and new Federal Election Commission laws might affect your online efforts.

    This being the Chamber of Commerce, the panelists are weighted toward the conservative end: former Bush aide Tucker Eskew, who had the spectacular title of White House director of global communications, and Stephen Hoersting, former general counsel at the National Republican Senatorial Committee. But there's also Winnie Stachelberg, former political director of the Human Rights Campaign who's now at the Center for American Progress, and some media folks and academics.


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  • Macaca
    05-13 05:42 PM
    What if you had to buy American? (http://money.msn.com/how-to-budget/what-if-you-had-to-buy-american.aspx) By Katherine Reynolds Lewis | MSN Money

    Legions of patriotic Americans look for "made in USA" stickers before buying products, out of a desire to support the country's economy.

    But what if we all were restricted to purchasing only those goods that were made in America?

    Our homes would be stripped virtually bare of telephones, televisions, toasters and other electronics, and many of our favorite foods and toys would be gone, too. Say goodbye to your coffee or tea, and forget about slicing bananas into your breakfast cereal -- all three would become prohibitively expensive if we relied on only Hawaii to grow tropical crops.

    We'd have to trash our beloved Apple products because the iPod, iPad and MacBook aren't made in the U.S. Gasoline would double or triple in price, given that we now import more than 60% of our oil. And you couldn't propose to your true love with a diamond ring: There are no working diamond mines in the U.S.

    Moreover, a complete end to imports would actually hurt the U.S. economy, because consumers and domestic companies would lose access to cheap goods. Trade protections, whether through tariffs or quotas, cost the economy roughly $2 for every $1 in additional profit for domestic producers, said Mark Perry, an economics professor at the University of Michigan-Flint and a visiting scholar at the American Enterprise Institute, a conservative think tank.

    "If we restricted trade to just the 50 states, what would happen immediately -- and would increase over time -- would be a huge reduction in our standard of living, because we wouldn't have access to the cheap goods we get from other countries," Perry said. "We also wouldn't have any export markets, so companies like Caterpillar and Microsoft would have a huge reduction in sales and workforce."

    So what do we make of heartfelt pleas to save U.S. manufacturing by buying American, or the many websites (see one here) that catalog U.S. sources for an array of products? Or the Buy American Act, which curbs government purchases of products that are made overseas?

    Do such efforts actually hurt the country they're trying to help?

    The argument for buying American

    Marc Kruskol, 53, a publicist based in Palmdale, Calif., goes out of his way to purchase products that are made in the U.S. because of his concern over the decline in manufacturing employment.

    "I truly believe that we could go a long way towards fixing the economy if we would just put people to work making things in this country that are made in other places," said Kruskol, who spends hours scouring made-in-America websites or visiting brick-and-mortar stores in search of U.S. products.

    He recently spent $10 on a pair of salad tongs made in America, which he tracked down in a restaurant supply store, after rejecting 99-cent foreign-made tongs. And he was happy to spend $650 on a domestically produced barbecue grill rather than a $450 imported one, just to support his countrymen.

    But financial experts say that it's best for America if you buy the cheapest product you can find without sacrificing quality. Their explanation rests on the concept of efficient manufacturing. An efficient producer creates the most valuable goods with the least possible expense, selling those items at lower prices than competitors who are less efficient. A country benefits when its manufacturers become more efficient.

    When you spend more on an equivalent product simply because it's made in the U.S., you're wasting your money -- and supporting an inefficient manufacturer that, by rights, should become more efficient or go out of business. Moreover, the additional $9.01 or $200 that Kruskol had spent on an inefficient U.S. producer could have been spent on something else, helping the economy further. Or it could have stayed in his savings account and been funneled by his bank into the financial system, which in theory allocates capital to the most efficient producers.

    "He gave effectively $9 to an inefficient producer to motivate them to keep producing inefficiently," said Ken Fisher, the founder and CEO of Fisher Investments in Woodside, Calif., and the author of "Debunkery." "I understand the well-intentioned view. Doing that would be terrible for America."

    The most efficient producers are best-positioned to create more jobs and return profits to their investors, and to the government in the form of tax revenue. "We make the country better by allocating resources towards the ones that can use them best," Fisher said.

    The complex manufacturing question

    At the heart of the issue are the interconnected global economy and the changes in the manufacturing sector.

    There's no question that U.S. manufacturers employ far fewer people now -- about 11.7 million in April -- than when the sector peaked at 19.6 million workers in 1979. But the decline in jobs is largely due to technological advances that have reduced the number of workers needed to run factories, Perry and Fisher pointed out. The average worker today is responsible for $180,000 of manufacturing output, triple the inflation-adjusted $60,000 of 1972, Perry said.

    Despite that increase in productivity, a March report by IHS Global Insight put China's manufacturing output ahead of the U.S. for the first time ever, at $2 trillion in 2010, compared with $1.95 trillion for the U.S. That's up from $1.69 trillion for China and $1.733 trillion for the U.S. in 2009, based on U.S. and Chinese government data.

    But Perry argued that exchange-rate fluctuations and differences in data sources caused the IHS Global report to skew the comparison between the U.S. and China. Based on U.N. data for 2009, the most recent available, the United States' manufacturing output was 14% ahead of China's, he said.

    Moreover, as manufacturing has declined as a share of the U.S. economy while the service sector has grown, most of the world has followed the same trend. The proportion has held steady in China.

    "We've left the Machine Age, and we're in a new Information Age. It makes sense that manufacturing would be less important," Perry said, noting that as other countries have taken over clothing and other low-end manufacturing, the U.S. has become more competitive in producing pharmaceuticals, software, aerospace technology, industrial machinery and medical equipment. "We're still world leaders and at the cutting edge of those higher-skilled, higher-valued-added areas."

    Not convinced yet? The other conundrum in trying to buy only U.S.-made products lies in what that really means.

    Do you accept products that are assembled in America but contain components from all over the globe? For example, U.S. companies in February imported $58 billion worth of industrial supplies, such as petroleum and plastics, and $40 billion in capital goods, from computers to engines and laboratory equipment.

    What about products that are assembled in China yet include parts from U.S. suppliers and were designed by American engineers? Every time you purchase such an item, the money will flow back to those American engineers and suppliers.

    Cars.com's American-Made Index illustrates U.S. industries' complex trade relationships. The website ranks vehicles built and purchased in the U.S. based on sales, the origin of the cars' parts and whether assembly was in the U.S. The top two cars -- Toyota Camry and Honda Accord -- are produced by Japanese companies through their U.S. subsidiaries.

    "On the surface, it seems like it might be plausible to have these 'made in the USA' campaigns," Perry said. "It all gets real tricky in a global economy with parts."

    When buying American helps

    That's not to say you should ignore the origins of the goods you buy.

    When comparing two products of equivalent price and quality, feel free to choose the U.S.-made one out of domestic pride. It may make sense to buy a U.S.-made product if the quality or safety is superior.

    Alex Kaplan, 41, the owner of Celebrity Laser Spa in Los Angeles, recently bought a pair of ottomans online for $120, only to find them cracked and cheaply made. After returning the made-in-China set, he found a craftsman through Etsy who made similar ottomans for $160 but allowed customers to choose the fabrics.

    "It's much more satisfying," said Kaplan, whose blog chronicles his attempts to find products made in the U.S. "The most important thing when it comes to buying American is being aware and asking yourself, 'Where is this made?'"

    Is College a Rotten Investment?
    Why student loans are not like subprime mortgages. (http://www.slate.com/id/2293766/)
    By Annie Lowrey | Slate

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  • rockstart
    07-14 08:28 AM
    In the letter Phani mentions DOL asked companies to file EB3 instead of EB2 because of slow economy in 2001-2002. Is there any official communication regarding this? According to my understanding of the process and rules. It is job requirement that drives the labor category (EB2 or EB3). Most jobs require bachelors degree with some experience and hence are classified as EB3. There are other jobs that need more skills ( according to employer and endorsed by DOL) which also demand little more salary. These get qualified as EB2 and then there are speacialist jobs that require very highly qualified people which are EB1. Its employers responsiblity to convince the DOL in labor and I140 stage that he needs a guy for a specialist job (EB2) and that he can afford to pay the candidate. Whether economy is slow or Fast if as an employer I have the money to pay the candidate and I have a need for his skills I can file and definately get my EB2 approved. I think what happened in 2001 was since economy was slow and companies were not doing great financially the lawyers must have cautioned the employers against filing EB2 since DOL could audit it and if comapnies are not doing good they might not be able to justify the Eb2 salaries. That is my guess please correct me if I am wrong. DOL will never advice companies to file EB2 or EB3 their job is to validate the job requirement A2P and Candidates qualifications.


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  • gcdreamer05
    08-08 12:15 PM
    There was a terrible bus accident. Unfortunately, no one survived the accident except a monkey which was on board and there were no witnesses. The police try to investigate further but they get no results. At last, they try to interrogate the monkey. The monkey seems to respond to their questions with gestures. Seeing that, they start asking the questions.

    The police chief asks: "What were the people doing on the bus?"

    The monkey shakes his head in a condemning manner and starts dancing around; meaning the people were dancing and having fun.

    The chief asks: "Yeah, but what else were they doing?".

    The monkey uses his hand and takes it to his mouth as if holding a bottle.

    The chief says: "Oh! They were drinking, huh?!" The chief continues, "Okay, were they doing anything else?"

    The monkey nods his head and moves his mouth back and forth, meaning they were talking.

    The chief loses his patience: "If they were having such a great time, who was driving the stupid bus then?"

    The monkey cheerfully swings his arms to the sides as if grabbing a wheel.

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  • abracadabra102
    08-29 10:02 AM
    This is hilarious........


    LOL. That guy is an !@# *&^%


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  • senthil1
    07-14 05:36 PM
    If you go with any campaign without the support of any organisation or without any legal basis you are going to fail. Not only that if you go without IV support but at the same time use IV forum that will certainly impact the unity of IV and that will may have impact on survival of IV in future. I think Core IV Group is in fix in this issue and whatever they tell someone will be unhappy.

    If law tells something and DOS violates that then certainly there is a valid point. If DOS follows law and law is unfair then you need to try changing the law. If you go to DOS simply they will tell we followed the law. If you find viloation of law then you may get some support.

    I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
    my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???

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  • vivekm1309
    12-31 11:03 AM
    IV is meant to discuss Immigration issues ...Politics, International terrorism, India/Pak relations, can be discussed in some of the other forums.


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  • srr_2007
    04-07 12:39 AM
    You are wrong, see my post above. Even if you stay at same employer, your H1 wont be extended if you file for extension. If extension fails, its goodbye for employee and loss of employee and revenue for employer.


    Thanks for the clarification.

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  • funny
    09-30 04:10 PM
    I think you are right - as soon as they see I140 revocation they are doing the easiest thing, that is to reject underlying I485. They can easily check the 180 days period; alternately they can actually issue NoticeOfIntenttoDeny (NOID) and give a chance to the candidate why I485 should not be rejected - this is also equally easy for them to do (just send a letter and give a 45 day or something similar time). I think they are simply rejecting so it reduces the total pending I485 cases. It might be possible for us to open MTR and resolve this but if working on EAD we will be in soup and also MTR's typically take longer to get resolved.

    I guess this discussion is going on in a different direction.. "AC21 is the focus here" while we are at it, I want to ask if someone has seen a denial, just because someone used AC21 and the I-140 was not revoked.


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  • svn
    03-31 07:51 PM
    I am not convinced with the whole systematic preadjudication logic at all. .

    Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.

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  • vdlrao
    07-14 11:02 AM
    EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

    Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

    Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.

    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.

    This EB2 movement of 2 and half years is just a first step by DOS.

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  • CreatedToday
    01-07 03:13 PM
    What are they? :D


    Warning : Watching this video may lead some into a state of denial, or even rage. If you are easily offended by creative depictions, then don't watch. For everyone else, enjoy :

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

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

    07-09 01:03 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!

    Just follow the law. There are lots of protections in it for us.

    01-06 05:12 PM
    If CNN is pro-Israel why would they stop it, instead Israel should take them in.

    Recently during Diwali celebration, one boy ....

    Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.

    Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.

    ............the same time encouraging other side to kill more and more.

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