go_guy123
07-28 03:29 PM
Atleast republicans listen to Microsoft, Google etc and gives some visa etc...AllObama does is warn about Indians and Chinese growth
You are right... dealing with Republicans is easier ....they listen to American Chamber of Commerce, ITAA et al. When Tom Delay was incharge....it was straight forward. you fund GOP, we will look after you.
GOP taps the cash of industry...and leverages the anger of extreme right (mainly against illegal immigrants, gays and anti-gun/anti-god issues) Works good for skilled immigrants.
Yes there are nuts like...Tom Tancredo but GOP whips takes care of those (Note: GOP is a party that demands loyalty. Had it being the GOP, they would have extarcted revenge from Joe Liberman for disloyaty). It is the democratic paty that has historically faced infighting.
Since 1994 it was the GOP in charge and thats also a reason H1B got the AC21 etc.
You are right... dealing with Republicans is easier ....they listen to American Chamber of Commerce, ITAA et al. When Tom Delay was incharge....it was straight forward. you fund GOP, we will look after you.
GOP taps the cash of industry...and leverages the anger of extreme right (mainly against illegal immigrants, gays and anti-gun/anti-god issues) Works good for skilled immigrants.
Yes there are nuts like...Tom Tancredo but GOP whips takes care of those (Note: GOP is a party that demands loyalty. Had it being the GOP, they would have extarcted revenge from Joe Liberman for disloyaty). It is the democratic paty that has historically faced infighting.
Since 1994 it was the GOP in charge and thats also a reason H1B got the AC21 etc.
wallpaper hair nicki minaj before
paskal
04-09 11:59 AM
As is true with everything else it cannot be all gain.
If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.
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?
If we are to have CIR based GC advantage there will need to be H1B regulation. Thousands of h1Bs get filled in matter of hours. Many for consultants. How can that be right. Tough choices will need to be made and so be it.
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?
redgreen
12-17 02:41 PM
What is there in his remarks to be so 'terrorised' about? Where is 'Muslimism' here?
I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.
This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!
Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.
Times Of India Headline: Antulay raises doubts over Karkare's killing
I hope as far as there are people like you and some others who commented as if 'Muslim means Terrorist' (but you won't tell that directly), there will be more terrorists; and it is quite understandable.
This is exactly I hate. To divert focus of terrorism to Hindu group, Muslim leader comes out - WOW!
Sounds like LeT informed Hindu group in advance that they are going to attack so as a by-product they can kill Karkare. Ha ha ha.
Times Of India Headline: Antulay raises doubts over Karkare's killing
2011 nicki minaj before and after
jung.lee
04-05 06:07 PM
The analysis is interesting, but this much amount has already been written off considering 100% of option ARM, and alt-ARM will fail.
I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.
The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).
On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.
Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).
Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.
You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))
Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).
Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.
So you stand to lose:
1. Your down payment of $120k
2. Your cash at closing if you sell in 4 years: $55k
3. Rental differential: 48 months X (3700 - 2000) = $81k
Total potential loss: $250,000!!!
This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.
My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier this decade.
I think you missed my point. I was not trying to connect the ARM reset schedule with write-offs at wall street firms. Instead, I was trying to point out that there will be increased number of foreclosures as those ARMs reset over the next 36 months.
The next phase of the logic is: increased foreclosures will lead to increased inventory, which leads to lower prices, which leads to still more foreclosures and "walk aways" (people -citizens- who just dont want to pay the high mortgages any more since it is way cheaper to rent). This leads to still lower prices. Prices will likely stabilize when it is cheaper to buy vs. rent. Right now that calculus is inverted. In many bubble areas (both coasts, at a minimum) you would pay significantly more to buy than to rent (2X or more per month with a conventional mortgage in some good areas).
On the whole, I will debate only on financial and rational points. I am not going to question someone's emotional position on "homeownership." It is too complicated to extract someone out of their strongly held beliefs about how it is better to pay your own mortgage than someone elses, etc. All that is hubris that is ingrained from 5+ years of abnormally strong rising prices.
Let us say that you have two kids, age 2 and 5. The 5 year old is entering kindergarten next fall. You decide to buy in a good school district this year. Since your main decision was based on school choice, let us say that your investment horizon is 16 years (the year your 2 year old will finish high school at age 18).
Let us further assume that you will buy a house at the price of $600,000 in Bergen County, with 20% down ($120,000) this summer. The terms of the loan are 30 year fixed, 5.75% APR. This loan payment alone is $2800 per month. On top of that you will be paying at least 1.5% of value in property taxes, around $9,000 per year, or around $750 per month. Insurance will cost you around $1500 - $2000 per year, or another $150 or so per month. So your total committed payments will be around $3,700 per month.
You will pay for yard work (unless you are a do-it-yourself-er), and maintenance, and through the nose for utilities because a big house costs big to heat and cool. (Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti:))
Let us assume further that in Bergen county, you can rent something bigger and more comfortable than your 1200 sq ft apartment from a private party for around $2000. So your rental cost to house payment ratio is around 1.8X (3700/2000).
Let us say further that the market drops 30% conservatively (will likely be more), from today through bottom in 4 years. Your $600k house will be worth 30% less, i.e. $420,000. Your loan will still be worth around $450k. If you needed to sell at this point in time, with 6% selling cost, you will need to bring cash to closing as a seller i.e., you are screwed. At escrow, you will need to pay off the loan of $450k, and pay 6% closing costs, which means you need to bring $450k+$25k-$420k = $55,000 to closing.
So you stand to lose:
1. Your down payment of $120k
2. Your cash at closing if you sell in 4 years: $55k
3. Rental differential: 48 months X (3700 - 2000) = $81k
Total potential loss: $250,000!!!
This is not a "nightmare scenario" but a very real one. It is happenning right now in many parts of the country, and is just now hitting the more populated areas of the two coasts. There is still more to come.
My 2 cents for you guys, desi bhais, please do what you need to do, but keep your eyes open. This time the downturn is very different from the business-investment related downturn that followed the dot com bust earlier this decade.
more...
psvk
08-05 12:25 PM
This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.
Prefer to refrain from adding fuel to Sunny's reply as this thread is causing more rift than good.
Agree this thread should be closed and deleted.
Moderator: Is there any way people(ID's) don't contribute, don't get to open new threads if not posting comments( and dots too).
Prefer to refrain from adding fuel to Sunny's reply as this thread is causing more rift than good.
Agree this thread should be closed and deleted.
Moderator: Is there any way people(ID's) don't contribute, don't get to open new threads if not posting comments( and dots too).
akred
04-07 03:09 PM
Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.
For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.
For sure, this bill is bad. However I do think that the H1B program should have some way of making a distinction between what is essentially a market access issue for foreign companies and a means for domestic companies to hire foreign talent.
more...
desi3933
07-09 01:56 PM
Related question - if your I94 is expiring say 8/11/2007 and ur H1 is still valid until 11/11/2009; do you have to renew the I94..while in the US (given that you are not travelling outside US)
The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.
You already have I-94 valid until 11/11/2209.
Just to verify, are the numbers same on both I-94s (8/11/2007, 11/11/2009)? If so, you are ok. Staple the new I-94 in the passport along with the old one.
______________________
Not a legal advice.
The H1B does have a I94 at the bottom corner with 11/11/2009 as Exp Date.
You already have I-94 valid until 11/11/2209.
Just to verify, are the numbers same on both I-94s (8/11/2007, 11/11/2009)? If so, you are ok. Staple the new I-94 in the passport along with the old one.
______________________
Not a legal advice.
2010 2010 house nicki minaj before
Rolling_Flood
08-05 09:03 AM
If you don't like my stand, fair enough.
Neither you nor anyone else can stop me from taking legal counsel on this issue and going to the courts if i feel this porting thing is illegal in a sense.
Please refrain from making cheap remarks like the ones you made towards the end of the post. They serve to highlight your issues more than mine. I am content with the EB2 folks who have already PM-ed me and we will, for sure, take this forward.
Rolling Flood,
Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA.
Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF.
Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is EB2. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system / process, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'?
There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.
Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.
Neither you nor anyone else can stop me from taking legal counsel on this issue and going to the courts if i feel this porting thing is illegal in a sense.
Please refrain from making cheap remarks like the ones you made towards the end of the post. They serve to highlight your issues more than mine. I am content with the EB2 folks who have already PM-ed me and we will, for sure, take this forward.
Rolling Flood,
Clearly, you are a NumberUSA person trying to provoke deep rifts amongst a highly skilled workforce that succeeded in getting HR 5882 out there. Your game is up. Look, no one is claiming porting / interfiling is due to 'length of time'. Each application, under each category, is for a DIFFERENT job. Now, obviously, when you gain experience in one job, you become MORE ELIGIBLE for another job, typically at a more senior level. With that, comes a higher income and higher TAXES back to the USA.
Your perverted logic that people are using interfiling on the premise of 'waiting time in EB3 queues' is a fallacy without legal merit. EB3's that interfile to EB2's have to, LIKE ANYONE ELSE, show the merits of the EB2 application BY ITSELF.
Now, if you think you can snake in a controversy through a law suit, only to protect your inflated sense of protectionism, keep in mind, that your target is EB2. I presume that you are in EB2 yourself. Be prepared for unintended consequences because USCIS could very well freeze ALL EB2's INCLUDING YOURS! Might seem a far stretch, but realistically, anytime a court sees 'merit' in challenging an established system / process, ALL come under purview. How can your case be assumed to be 'innocent' while everyone else that you are against be 'guilty'?
There are numerous cases of people going to court seeking 'justice' only to find themselves very quickly standing 'on the other side'... trying to get out of a self inflicted mess.
Obviously, you have issues that run deeper than discontentment with US legal immigration process. Get yourself some help. Seriously.
more...
bajrangbali
06-05 05:35 PM
Your analysis is so spot on except for item #8 and item # 9. I have a question though.. The example you have given suits my scenario so well. I am planning to buy a house (310k ) very soon. The loan offers I have from my lender has interest rates pretty much the same for both 10% down payment and 20% down payment, 5.0 with 20% and 5.25 with 10% down payment. I can down pay 10% right away and the other 10% is also available in a risk free(can withdraw without penalty) cd which yield me a return of 3.5% . So which is better for me 10% or 20% down pay. thanks in advance.
As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
what it feels like to have owned a home.
If I were you..I would go with the 10% down payment option. Your monthly payment would not increase much and you would have more cash safe in CD for life events.
Consider the rent you are currently paying and make a choice...buying a home should not burden you with more than 10-20% of you current rent payment. In my case I am more conservative and going with a mortgage < my current rent payment.
If it helps, here are my details:
Condo cost: 300K
Down payment: 5% - 15K
Using fed stimulus: 8K towards down payment
Total payment: 7K+closing costs
Current rent: $2200
Mortgage: ~$1500-1600
Price trend in the past 5yrs: down <20% from peak prices
Estimate living time: 2yrs min
Even if house value drops after 2yrs by 10%, the tax savings, equity, happiness would compensate more than enough for it...
I agree everyone's situation is different, but please do not make the mistake of taking a huge burden of payment if you are buying. Always buy within/below your means...
As for buying or renting..it is more of a personal choice - to me, buying a house has tangible benefits over renting.. like a sense of entitlement to call some place ur true home and most likely a good enviroment for raising the kids. Life has phases like education, marriage, kids, job, etc..Now that I am into my 30's, I would like to see
what it feels like to have owned a home.
If I were you..I would go with the 10% down payment option. Your monthly payment would not increase much and you would have more cash safe in CD for life events.
Consider the rent you are currently paying and make a choice...buying a home should not burden you with more than 10-20% of you current rent payment. In my case I am more conservative and going with a mortgage < my current rent payment.
If it helps, here are my details:
Condo cost: 300K
Down payment: 5% - 15K
Using fed stimulus: 8K towards down payment
Total payment: 7K+closing costs
Current rent: $2200
Mortgage: ~$1500-1600
Price trend in the past 5yrs: down <20% from peak prices
Estimate living time: 2yrs min
Even if house value drops after 2yrs by 10%, the tax savings, equity, happiness would compensate more than enough for it...
I agree everyone's situation is different, but please do not make the mistake of taking a huge burden of payment if you are buying. Always buy within/below your means...
hair hot surgery before Nicki Minaj
hpandey
06-26 02:47 PM
If you buy - and take a mortgate - you end up losing (the same way you "lose" your rent)
1. Interest you pay
2. Property taxes you will pay forever.
3. Maintenance you will pay forever.
On the other hand - if you rent and,
A. IF you pay less in rent than #1 + #2 + #3,
B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
.... Then you will come out ahead renting.
The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
$rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).
Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.
Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.
Yes its not clear cut but lets replace your X, Y and others with numbers
Suppose your rent is 1500$ a month
You pay 540,000 $ in 30 years
so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )
2. Property taxes - these we write off from our income which again becomes pointless more or less
3. Maintainence - Now that is a personal thing - I lived in rented apartments for many years until last year end - The property admins don't replace things on demand - so you have to live with the same old appliances , carpets etc etc until they really die off since no one is going to replace them on demand . Things break so many times as they reach the end of their life and you call the property office each time and so on.
I would rather that I maintain my own things and have best of the market stuff rather than not.
Some people might say there are rented places where they have top of the line stuff but remember that the rent goes higher too. So that negates that point.
And coming to what you say in the end - my mortgage is the same as I paid for rent so renting doesn't make any sense to me. The only thing is that if I have to move back to India I will have to sell the house which I am not worried about since I live in a very good area and two houses in my lane got sold within a month last month at more than the price which I paid for my house.
As someone said real estate is highly local. Not all places in US are losing values . There are a lot of good areas which have reached bottom. The house I bought was 20% off from the price the person whom I bought it from paid in 2005. So that is already priced in.
1. Interest you pay
2. Property taxes you will pay forever.
3. Maintenance you will pay forever.
On the other hand - if you rent and,
A. IF you pay less in rent than #1 + #2 + #3,
B. IF you invest the remainder plus your mortgage principal amount in some other investment vehicle with superior investment returns than real estate.
.... Then you will come out ahead renting.
The tipping point is whether your rent equals interest + property taxes + maintenance. Based on which side is higher - either renting or buying could be good for you. I don't think there is a clear cut answer. This does not take into account the flexibility associated with renting - which is important for non-GC holders. If you assign a non-zero dollar value of $X with that flexibility, then your rent needs to be interest + tax + maintanance + $X to get to the tipping point. On the other hand, if you are not forced to save (in the form of mortgage principal payment every month) - you may just spend that money instead of investing that. If you assign a dollar value of $Y with that (probability multiplied by actual dollar value) - then the tipping point is at
$rent = $interest + $tax + $maintenance + $X(dollar value for flexibility) - $Y(dollar value for probability of spending money instead of saving).
Now as soon as you plug in the numbers in this equation - it will give you your tipping point and will tell you whether it is right for you to rent or to buy.
Think about it. It is not as clear cut as you think it is. :-) Based on your earlier posts - you got an absolutely faboulous deal on your house (maybe because of your timing) and the tipping point equation would probably highly favor buying in your case. For many other (specially for those without a GC) - it may not be so clear cut.
Yes its not clear cut but lets replace your X, Y and others with numbers
Suppose your rent is 1500$ a month
You pay 540,000 $ in 30 years
so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )
2. Property taxes - these we write off from our income which again becomes pointless more or less
3. Maintainence - Now that is a personal thing - I lived in rented apartments for many years until last year end - The property admins don't replace things on demand - so you have to live with the same old appliances , carpets etc etc until they really die off since no one is going to replace them on demand . Things break so many times as they reach the end of their life and you call the property office each time and so on.
I would rather that I maintain my own things and have best of the market stuff rather than not.
Some people might say there are rented places where they have top of the line stuff but remember that the rent goes higher too. So that negates that point.
And coming to what you say in the end - my mortgage is the same as I paid for rent so renting doesn't make any sense to me. The only thing is that if I have to move back to India I will have to sell the house which I am not worried about since I live in a very good area and two houses in my lane got sold within a month last month at more than the price which I paid for my house.
As someone said real estate is highly local. Not all places in US are losing values . There are a lot of good areas which have reached bottom. The house I bought was 20% off from the price the person whom I bought it from paid in 2005. So that is already priced in.
more...
Macaca
12-23 10:53 AM
Pelosi's first year as House speaker marked by little change on war (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/12/23/MNOUU26C5.DTL&tsp=1) By Zachary Coile | SF Chronicle, Dec 23, 2007
The last day of the House's 2007 session last week summed up the turbulence of Nancy Pelosi's history-making first year as House speaker.
In the morning, she beamed a wide smile as she stood beside President Bush while he signed an energy bill with the first major increase in fuel economy standards in 30 years.
But by Wednesday afternoon, her party was facing two of its biggest defeats. To keep the alternative minimum tax from hitting 20 million Americans next year, Democrats had to abandon their pledge not to pass any legislation that increased the deficit.
Then Pelosi, whose party took control of Congress pledging to change course in Iraq, watched the House approve $70 billion in war funding, part of a budget deal that avoided a government shutdown. Members of her own party denounced it as a capitulation to the White House.
"The war in Iraq is the biggest disappointment for us, the inability to stop the war," Pelosi told reporters in a group interview in her ceremonial office just hours before the war vote. She quickly pegged the blame on congressional Republicans.
The Democrats' failure to shift the war's direction, their No. 1 priority for the year, has eclipsed many of the party's successes on other issues, including raising the minimum wage for the first time in a decade and passing the strongest ethics and lobbying reforms since Watergate.
And Bush, despite his lame-duck status, outflanked Democrats in the end-of-year budget fight - forcing them to accept his number, $555 billion in domestic spending, and funding for Iraq - simply by refusing to yield.
Asked about the setbacks last week, Pelosi, as she has all year, flashed her most optimistic smile and refused to be drawn into the criticism.
"Almost everything we've done has been historic," she said.
But if Pelosi is smiling, so are Republicans. They began the year defeated and demoralized. But they have since shown surprising unity, backing the president on the war and finding new purpose in blocking Democrats' spending initiatives.
"We've stood up to them every step of the way," House Minority Leader John Boehner, R-Ohio, said last week.
The tense mood among Democrats in the session's final weeks was a marked contrast from the festive first weeks of the new Congress, when Pelosi was sworn in as the nation's first female speaker, surrounded by children on the House floor. She promised to lead Congress in a new direction.
Democrats took off on a legislative sprint in which they quickly approved their "Six for '06" agenda including raising the minimum wage, cutting interest rates on student loans, backing federally funded embryonic stem cell research, and revoking tax breaks for oil companies.
But the bills bogged down in the Senate, where the Democrats' 51-49 majority is so thin it allowed Republicans to determine what would be passed. Democrats have struggled to get the 60 votes needed to overcome filibusters, which are now an almost daily experience in the Senate.
"Pelosi suffered the same ailment that (former Republican House Speaker) Newt Gingrich suffered from when he became speaker: Senate-itis," said Norman Ornstein, a congressional scholar at the American Enterprise Institute. "A lot of what the House accomplished this year either sat in the Senate or got eviscerated by the Senate. What you are left with is not nearly as robust as what you started with."
Even the energy bill, the Democrats' crowning achievement, was stripped of a broad tax package and a renewable electricity standard that would have pushed the nation toward wind and solar power. Still, the fuel economy piece alone is expected to save 2.3 million barrels of oil a day by 2020 - more than the United States currently imports from the Persian Gulf.
Pelosi had to make some painful trade-offs. To get the minimum wage hike signed, Democrats had to attach it to a $120 billion war spending bill.
Other elements of her agenda fell victim to Bush's veto pen. Congress twice passed a bill with bipartisan support to expand the state children's health insurance program to cover 4 million more children. Bush twice vetoed it, forcing Democrats to settle for an 18-month extension of the current program.
Pelosi and her Senate counterpart, Majority Leader Harry Reid, D-Nev., held countless votes on war measures setting timetables for the withdrawal of U.S. troops and other restrictions on Bush's policy. But their strategy counted on Republicans switching sides - and very few did.
"I didn't foresee that," Pelosi acknowledged. "We thought they would reflect the wishes and views of their constituents."
Some critics called the assumption naive. Anti-war groups have urged her to use Congress' power of the purse to simply cut off funds for the war, but Pelosi opposes the move, which many Democrats fear would be seen as undermining the troops. Instead the party has pushed for a "responsible redeployment" - meaning funding the war, but with strings attached.
In October, Pelosi's ally and the House's top appropriator, David Obey, D-Wis., said Democrats would draw a line in the sand: They would refuse to pass any more war funding without a timeline for withdrawal. But by last week, with the budget impasse threatening to shut down the government, Democrats dropped the strategy.
Rep. Lynn Woolsey, D-Petaluma, a founding member of the Out of Iraq Caucus, said the Democrats' mistake was not to force the threat to deny funds earlier in the year.
"I wish she could have been bolder," Woolsey said, while acknowledging that Pelosi had to mediate between competing views in the caucus. "If we had started that earlier, we could have built on it until it reached a crescendo, because it's what the American people want."
The Democrats were left in a weak bargaining position at the end of the year. They needed to pass 11 spending bills, but Republicans and Bush demanded the $70 billion for the war in return. The president also held firm on his spending limits. If the impasse led to a government shutdown, Pelosi knew her party would receive much of the blame. So she agreed to the deal, with the concession that Democrats were able to preserve money for their priorities, including home heating aid for the poor and health care for veterans.
"We made it very clear months ago we were not going to shut down the government," said Rep. George Miller, D-Martinez, one of Pelosi's top lieutenants. "Tragically, that put the president in the driver's seat."
Miller said the fight over the war has obscured the progress Democrats made on other fronts, including cutting interest rates on loans for college students and passing a huge increase in veterans' benefits. He said Pelosi worked tirelessly to get the energy bill over the finish line.
"At the beginning of the year, people said we had no chance of getting an energy bill," Miller said. "This was a tour de force for her."
Pelosi also showed she was willing to buck some of her party's most powerful members to get her way. She went head-to-head with Rep. John Dingell, D-Mich., Detroit automakers' top ally, over raising fuel economy standards - and won. She pushed through an ethics reform bill that her friend Rep. John Murtha, D-Pa., called "total crap."
"Some of her colleagues when they took back Congress said, 'That reform message worked to get us elected, but now it's our turn.' " Ornstein said. "That has not been her attitude and her approach, and I give her credit for that."
Pelosi had clumsy moments, too. She pushed hard for a resolution denouncing Turkey's mass killings of Armenians during World War I as genocide, only to reverse course when it sparked a diplomatic fight, with Turkey threatening to reduce logistical support to U.S. troops in Iraq.
Republicans say she has reneged on a promise to run a more open House. Following a pattern set by the GOP when it ran the House for 12 years, Democrats have often rammed bills through, giving Republicans few opportunities to amend them.
"It's hard to work together when you're not even invited into the room," said Rep. Kay Granger, R-Texas.
But Pelosi's supporters say Republicans haven't been willing to compromise and have mostly tried to block Democrats from racking up accomplishments.
"The Republicans have frustrated us because they want to run a negative campaign saying the Democrats didn't accomplish anything," said Rep. Henry Waxman, D-Los Angeles.
The bickering in Congress, over the war and other issues, has taken a toll. When Democrats took power, Congress had an approval rating of 35 percent, but it's since dipped into the low 20s, according to the Gallup poll.
Pelosi is already crafting a strategy for next year, when the presidential race is likely to take some of the spotlight off Congress. With the war debate at an impasse, she's planning to push a series of measures on health care, the economy, the mortgage crisis and global warming.
If Democrats can't win on these issues, at the very least they can draw sharp distinctions with Republicans leading up to the fall elections, she said.
"One of the reasons we were able to be successful with the energy bill is that this is something we took to the American people," she said. "That is what we have to do next. We have to go public with many of these issues."
The last day of the House's 2007 session last week summed up the turbulence of Nancy Pelosi's history-making first year as House speaker.
In the morning, she beamed a wide smile as she stood beside President Bush while he signed an energy bill with the first major increase in fuel economy standards in 30 years.
But by Wednesday afternoon, her party was facing two of its biggest defeats. To keep the alternative minimum tax from hitting 20 million Americans next year, Democrats had to abandon their pledge not to pass any legislation that increased the deficit.
Then Pelosi, whose party took control of Congress pledging to change course in Iraq, watched the House approve $70 billion in war funding, part of a budget deal that avoided a government shutdown. Members of her own party denounced it as a capitulation to the White House.
"The war in Iraq is the biggest disappointment for us, the inability to stop the war," Pelosi told reporters in a group interview in her ceremonial office just hours before the war vote. She quickly pegged the blame on congressional Republicans.
The Democrats' failure to shift the war's direction, their No. 1 priority for the year, has eclipsed many of the party's successes on other issues, including raising the minimum wage for the first time in a decade and passing the strongest ethics and lobbying reforms since Watergate.
And Bush, despite his lame-duck status, outflanked Democrats in the end-of-year budget fight - forcing them to accept his number, $555 billion in domestic spending, and funding for Iraq - simply by refusing to yield.
Asked about the setbacks last week, Pelosi, as she has all year, flashed her most optimistic smile and refused to be drawn into the criticism.
"Almost everything we've done has been historic," she said.
But if Pelosi is smiling, so are Republicans. They began the year defeated and demoralized. But they have since shown surprising unity, backing the president on the war and finding new purpose in blocking Democrats' spending initiatives.
"We've stood up to them every step of the way," House Minority Leader John Boehner, R-Ohio, said last week.
The tense mood among Democrats in the session's final weeks was a marked contrast from the festive first weeks of the new Congress, when Pelosi was sworn in as the nation's first female speaker, surrounded by children on the House floor. She promised to lead Congress in a new direction.
Democrats took off on a legislative sprint in which they quickly approved their "Six for '06" agenda including raising the minimum wage, cutting interest rates on student loans, backing federally funded embryonic stem cell research, and revoking tax breaks for oil companies.
But the bills bogged down in the Senate, where the Democrats' 51-49 majority is so thin it allowed Republicans to determine what would be passed. Democrats have struggled to get the 60 votes needed to overcome filibusters, which are now an almost daily experience in the Senate.
"Pelosi suffered the same ailment that (former Republican House Speaker) Newt Gingrich suffered from when he became speaker: Senate-itis," said Norman Ornstein, a congressional scholar at the American Enterprise Institute. "A lot of what the House accomplished this year either sat in the Senate or got eviscerated by the Senate. What you are left with is not nearly as robust as what you started with."
Even the energy bill, the Democrats' crowning achievement, was stripped of a broad tax package and a renewable electricity standard that would have pushed the nation toward wind and solar power. Still, the fuel economy piece alone is expected to save 2.3 million barrels of oil a day by 2020 - more than the United States currently imports from the Persian Gulf.
Pelosi had to make some painful trade-offs. To get the minimum wage hike signed, Democrats had to attach it to a $120 billion war spending bill.
Other elements of her agenda fell victim to Bush's veto pen. Congress twice passed a bill with bipartisan support to expand the state children's health insurance program to cover 4 million more children. Bush twice vetoed it, forcing Democrats to settle for an 18-month extension of the current program.
Pelosi and her Senate counterpart, Majority Leader Harry Reid, D-Nev., held countless votes on war measures setting timetables for the withdrawal of U.S. troops and other restrictions on Bush's policy. But their strategy counted on Republicans switching sides - and very few did.
"I didn't foresee that," Pelosi acknowledged. "We thought they would reflect the wishes and views of their constituents."
Some critics called the assumption naive. Anti-war groups have urged her to use Congress' power of the purse to simply cut off funds for the war, but Pelosi opposes the move, which many Democrats fear would be seen as undermining the troops. Instead the party has pushed for a "responsible redeployment" - meaning funding the war, but with strings attached.
In October, Pelosi's ally and the House's top appropriator, David Obey, D-Wis., said Democrats would draw a line in the sand: They would refuse to pass any more war funding without a timeline for withdrawal. But by last week, with the budget impasse threatening to shut down the government, Democrats dropped the strategy.
Rep. Lynn Woolsey, D-Petaluma, a founding member of the Out of Iraq Caucus, said the Democrats' mistake was not to force the threat to deny funds earlier in the year.
"I wish she could have been bolder," Woolsey said, while acknowledging that Pelosi had to mediate between competing views in the caucus. "If we had started that earlier, we could have built on it until it reached a crescendo, because it's what the American people want."
The Democrats were left in a weak bargaining position at the end of the year. They needed to pass 11 spending bills, but Republicans and Bush demanded the $70 billion for the war in return. The president also held firm on his spending limits. If the impasse led to a government shutdown, Pelosi knew her party would receive much of the blame. So she agreed to the deal, with the concession that Democrats were able to preserve money for their priorities, including home heating aid for the poor and health care for veterans.
"We made it very clear months ago we were not going to shut down the government," said Rep. George Miller, D-Martinez, one of Pelosi's top lieutenants. "Tragically, that put the president in the driver's seat."
Miller said the fight over the war has obscured the progress Democrats made on other fronts, including cutting interest rates on loans for college students and passing a huge increase in veterans' benefits. He said Pelosi worked tirelessly to get the energy bill over the finish line.
"At the beginning of the year, people said we had no chance of getting an energy bill," Miller said. "This was a tour de force for her."
Pelosi also showed she was willing to buck some of her party's most powerful members to get her way. She went head-to-head with Rep. John Dingell, D-Mich., Detroit automakers' top ally, over raising fuel economy standards - and won. She pushed through an ethics reform bill that her friend Rep. John Murtha, D-Pa., called "total crap."
"Some of her colleagues when they took back Congress said, 'That reform message worked to get us elected, but now it's our turn.' " Ornstein said. "That has not been her attitude and her approach, and I give her credit for that."
Pelosi had clumsy moments, too. She pushed hard for a resolution denouncing Turkey's mass killings of Armenians during World War I as genocide, only to reverse course when it sparked a diplomatic fight, with Turkey threatening to reduce logistical support to U.S. troops in Iraq.
Republicans say she has reneged on a promise to run a more open House. Following a pattern set by the GOP when it ran the House for 12 years, Democrats have often rammed bills through, giving Republicans few opportunities to amend them.
"It's hard to work together when you're not even invited into the room," said Rep. Kay Granger, R-Texas.
But Pelosi's supporters say Republicans haven't been willing to compromise and have mostly tried to block Democrats from racking up accomplishments.
"The Republicans have frustrated us because they want to run a negative campaign saying the Democrats didn't accomplish anything," said Rep. Henry Waxman, D-Los Angeles.
The bickering in Congress, over the war and other issues, has taken a toll. When Democrats took power, Congress had an approval rating of 35 percent, but it's since dipped into the low 20s, according to the Gallup poll.
Pelosi is already crafting a strategy for next year, when the presidential race is likely to take some of the spotlight off Congress. With the war debate at an impasse, she's planning to push a series of measures on health care, the economy, the mortgage crisis and global warming.
If Democrats can't win on these issues, at the very least they can draw sharp distinctions with Republicans leading up to the fall elections, she said.
"One of the reasons we were able to be successful with the energy bill is that this is something we took to the American people," she said. "That is what we have to do next. We have to go public with many of these issues."
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unitednations
07-17 12:19 PM
Hi UN,
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.
Here's my situation(I think a case of status violation)
I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.
H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.
So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.
Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??
If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.
From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
Do they catch this during I-140 stage??
ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??
Thanks.
I am assuming that you haven't left the country since 2005?
Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.
What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.
Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.
Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.
Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).
The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.
more...
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logiclife
07-17 10:42 AM
Those of you who dont know, Randall Emery is a good friend of Immigration Voice.
Previously he has helped some of the 485 applicants on this forum who were stuck in name-check process. Randall helped us arrange a meeting with a lawyer that he had hired for his wife's immigration quagmire when her greencard was stuck in namecheck.
Randall has repeated supported immigration voice as he himself was unaware of the problems in legal immigration until he married a foriegner. He has provided support, advise and tips and offered to help us.
Everyone:
Please make sure you dont accuse people just because you think or feel someone is not friendly. At least take some pain and read previous posts of the person to make sure you dont engage in friendly fire.
Previously he has helped some of the 485 applicants on this forum who were stuck in name-check process. Randall helped us arrange a meeting with a lawyer that he had hired for his wife's immigration quagmire when her greencard was stuck in namecheck.
Randall has repeated supported immigration voice as he himself was unaware of the problems in legal immigration until he married a foriegner. He has provided support, advise and tips and offered to help us.
Everyone:
Please make sure you dont accuse people just because you think or feel someone is not friendly. At least take some pain and read previous posts of the person to make sure you dont engage in friendly fire.
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NKR
08-05 04:34 PM
Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)
I don't see why there are so many angered arguments...
1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.
Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.
2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.
If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.
Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.
No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)
more...
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smisachu
01-04 02:55 PM
I am a reserve in the territorial Army. I have family members serving in the army (18th grenadiers, Rajputana rifles & the Jat regiment). I am tired of my countrymen getting slaughtered and India bleeding slowly due to terrorism and I want India to attack the terrorist manufacturing organizations in Pakistan and end this problem once and for all. So we could concentrate on growth and economy. Till this problem is solved we are held back from development. If you can read the article in Barrons this week. They are suggesting investors to stay away from India based on Valuation and problems due to terrorism. Do you know what this will do? Investors will keep withdrawing from Indian markets. Sensex will keep falling even to the 5K level and beyond. So not solving the problem of terrorism will affect India's economy.
What this in turn means is that many of you working in India based companys like Infosys, WIPRO etc may end up loosing their jobs. Which will endanger your dreams of immigrating to US.
So you see everything's connected.
oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.
This whole thread is ridiculous and should be deleted. It has no place in immigration forums.
What this in turn means is that many of you working in India based companys like Infosys, WIPRO etc may end up loosing their jobs. Which will endanger your dreams of immigrating to US.
So you see everything's connected.
oh thats the price YOU are willing to bear? How? By staying comfy in the US? Its easy to say dude when you are 7000 miles away. If you (and i know you are not) or anyone in your family is in the military, you would not dare to make such a stupid statement.
This whole thread is ridiculous and should be deleted. It has no place in immigration forums.
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seattleGC
04-07 10:50 AM
I am glad IV is taking a strong stand against this bill. IV should work with Compete America (they have more of a vested interests in this) to make sure this bill doesn't see the light of day.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
This bill is introduced by 'Pro-Illegal,pro-union and protectionist' section of Democratic party and 'Anti-immigration at all cost' section of the Republican party. I believe both these groups are fringe elements in both parties. But they could use this bill as a bargain chip for CIR and might get it passed because of it. So we should not take this lightly even if we might not be screwed by this. It will definitely hurt people coming behind us.
Only reform H1b needs is to increase the quota or have no quota. And also to tie the H1b to the worker and not to the employee. And I dont see any in this bill.
more...
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perm2gc
08-11 04:31 PM
Born in Texas and raised in IDAHO speaks volumes about his stand towards immigration issues.
perm2gc,
I am curious why you bold everything. on usenet, writing in caps and bold is conisdered shouting and rude. I know this is not usenet but somehow I see that in most of your posts and wanted to know why you do that.
i love bold words..nothing much
perm2gc,
I am curious why you bold everything. on usenet, writing in caps and bold is conisdered shouting and rude. I know this is not usenet but somehow I see that in most of your posts and wanted to know why you do that.
i love bold words..nothing much
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GCScrewed
07-13 06:04 PM
willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
Whether EB1 is presently retrogressed or not doesn't matter.
Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
Whether EB1 is presently retrogressed or not doesn't matter.
Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.
I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.
DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.
Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.
Just my observation.
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desi3933
08-06 12:43 PM
Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
======================================
____________________________
US Permanent Resident since 2002
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
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Sec. 204.5 Petitions for employment-based immigrants.
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.
(1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section:
Advanced degree
means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
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US Permanent Resident since 2002
Macaca
02-21 04:04 PM
Sometime back CNN (or Wolf Blitzer) used to say that CNN is the best news on network. Does anyone remember the exact words? Thanks.
lskreddy
12-28 02:03 AM
What about the lives of those 200 people who were killed? Please don't expense those 200 lives and other 100,000 lives in last 10 years
The lives of those killed are surely very painful and it would demeaning to forget about (which I am sure India is guilty in hoards).
It may seem like avenging their death by war is the path but if we do take that, what about the soldiers? They are someone's father, brother too. Just remember US Soldiers in Iraq.
All I am hoping is before they take the war path, all options are expended. If the options are expended by now, and all the big think-tanks decide it is time, yes, by all means, go full throttle and put this to rest.
The lives of those killed are surely very painful and it would demeaning to forget about (which I am sure India is guilty in hoards).
It may seem like avenging their death by war is the path but if we do take that, what about the soldiers? They are someone's father, brother too. Just remember US Soldiers in Iraq.
All I am hoping is before they take the war path, all options are expended. If the options are expended by now, and all the big think-tanks decide it is time, yes, by all means, go full throttle and put this to rest.
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