Macaca
12-20 08:47 AM
Resolve To End Hyper-Partisanship (http://www.realclearpolitics.com/articles/2007/12/resolve_to_end_hyperpartisansh.html) By Mort Kondracke | Roll Call, December 20, 2007
Suppose Sen. Barack Obama (Ill.) wins the Democratic nomination and picks Republican Sen. Chuck Hagel (Neb.) or Independent New York Mayor Michael Bloomberg as his running mate. Or, suppose Sen. John McCain (Ariz.) wins the GOP nomination and picks Independent Democratic Sen. Joe Lieberman (Conn.) as veep.
Suppose even further that, over this year's holidays, Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.) and President Bush all resolve that next year they'll really try to live up to the pledges they all made in early 2007 to work across party lines to - as they all said - do the problem-solving work voters elected them for.
Is it all fantasy? Perhaps it is, given the hyperpartisanship of contemporary politics. Yet, every poll on the subject indicates that Americans are fed up with their politicians' incessant tribal warfare and inability to address problems everyone agrees are becoming more serious from inattention.
If the two parties' presidential nominees reached out across party lines to pick their running mates - Obama and McCain seem the likeliest to do so - it would serve as dazzling notice that times were changing.
It would be even more astounding if Congressional leaders and Bush could decide that, instead of repeating the dismal, few-achievements record of 2007, they'd resolve to solve at least one major problem in 2008 - say, pass tough but compassionate comprehensive immigration reform.
Over the holidays, America's political actors - and observers - would do themselves and the country a favor by reading Ron Brownstein's new book, "The Second Civil War," whose subtitle begins to tell it all: "How Extreme Partisanship Has Paralyzed Washington and Polarized America."
Brownstein, formerly with the Los Angeles Times and now political director of Atlantic Media Co. publications, vividly describes the historical origins of "hyperpartisanship," a term he borrows from a sometime practitioner of it, former Republican National Chairman Ken Mehlman.
More importantly - Brownstein eloquently laments the consequences of the disease and offers some fascinating remedies, some derived from former President Bill Clinton, whom he interviewed at length. Brownstein doesn't suggest picking vice presidents across party lines. Those are my radical imaginings - though they are derived from conversations with participants in presidential campaigns.
Brownstein has this right: America is the richest, most powerful nation on Earth, but its leaders can't agree on a plan to reduce dependence on foreign oil, can't balance the budget, can't provide health insurance to a sixth of its population, can't align its promises to retirees with its ability to pay the cost and can't agree on strategies to combat Islamic terrorism.
Why not? Because solutions to these problems require bipartisan "grand bargains" that polarized politicians are unwilling to make.
"Our politics today encourages confrontation over compromise," Brownstein writes. "The political system now rewards ideology over pragmatism. It is designed to sharpen disagreements rather than construct consensus. It is built on exposing and inflaming the differences that separate Americans rather than the shared priorities and values that unite them."
Brownstein puts primary blame on conservative Republicans for the rise of "warrior" politics, especially former Speaker Newt Gingrich (Ga.) and House Majority Leader Tom DeLay (Texas), Bush and his former guru, Karl Rove, and their allies on talk radio.
But he observes that Democrats are catching up in hyperpartisanship, flogged on by MoveOn.org and leftist bloggers. Mainstream media, too, encourage conflict over consensus. And the public has become ideologically "sorted," as well, making the GOP more conservative, Democrats more liberal and moderates torn.
Brownstein gives rather more credit to Clinton than I would as a model centrist. He was that on policy - the "Great Triangulator" -but his personal misdeeds, slipperiness and tendency to respond savagely to threats made him as divisive as Bush, the "Great Polarizer."
But how can we end the war and engender vigorous, substantive debate that leads to consensus? Brownstein recommends that states banish closed primaries and allow registered independents to participate in picking candidates.
He also advises that political leaders look to a growing corps of cross-interest coalitions - such as the Business Roundtable, Service Employees International Union, AARP and National Federation of Independent Business - working to develop consensus solutions to problems such as health care and entitlement reform.
But the prime requirement is presidential leadership - a willingness to spend time with leaders of the opposition party, include them in policy deliberations, really heed their concerns and try to build electoral coalitions and Congressional support of 55 or 60 percent, not Bush's 50-plus-one.
"Imagine ... that such a president told the country that he would accept some ideas counter to his own preferences to encourage others to do the same. Surely such a president would face howls of complaint about ideological betrayal from the most ardent voices of his own coalition.
"But that president also might touch a deep chord with voters. ... It has always been true that a president can score points by shaking a fist at his enemies. But a president who extends a hand to his enemies could transform American politics." Amen.
Think about it over Christmas.
Suppose Sen. Barack Obama (Ill.) wins the Democratic nomination and picks Republican Sen. Chuck Hagel (Neb.) or Independent New York Mayor Michael Bloomberg as his running mate. Or, suppose Sen. John McCain (Ariz.) wins the GOP nomination and picks Independent Democratic Sen. Joe Lieberman (Conn.) as veep.
Suppose even further that, over this year's holidays, Speaker Nancy Pelosi (D-Calif.), Senate Majority Leader Harry Reid (D-Nev.) and President Bush all resolve that next year they'll really try to live up to the pledges they all made in early 2007 to work across party lines to - as they all said - do the problem-solving work voters elected them for.
Is it all fantasy? Perhaps it is, given the hyperpartisanship of contemporary politics. Yet, every poll on the subject indicates that Americans are fed up with their politicians' incessant tribal warfare and inability to address problems everyone agrees are becoming more serious from inattention.
If the two parties' presidential nominees reached out across party lines to pick their running mates - Obama and McCain seem the likeliest to do so - it would serve as dazzling notice that times were changing.
It would be even more astounding if Congressional leaders and Bush could decide that, instead of repeating the dismal, few-achievements record of 2007, they'd resolve to solve at least one major problem in 2008 - say, pass tough but compassionate comprehensive immigration reform.
Over the holidays, America's political actors - and observers - would do themselves and the country a favor by reading Ron Brownstein's new book, "The Second Civil War," whose subtitle begins to tell it all: "How Extreme Partisanship Has Paralyzed Washington and Polarized America."
Brownstein, formerly with the Los Angeles Times and now political director of Atlantic Media Co. publications, vividly describes the historical origins of "hyperpartisanship," a term he borrows from a sometime practitioner of it, former Republican National Chairman Ken Mehlman.
More importantly - Brownstein eloquently laments the consequences of the disease and offers some fascinating remedies, some derived from former President Bill Clinton, whom he interviewed at length. Brownstein doesn't suggest picking vice presidents across party lines. Those are my radical imaginings - though they are derived from conversations with participants in presidential campaigns.
Brownstein has this right: America is the richest, most powerful nation on Earth, but its leaders can't agree on a plan to reduce dependence on foreign oil, can't balance the budget, can't provide health insurance to a sixth of its population, can't align its promises to retirees with its ability to pay the cost and can't agree on strategies to combat Islamic terrorism.
Why not? Because solutions to these problems require bipartisan "grand bargains" that polarized politicians are unwilling to make.
"Our politics today encourages confrontation over compromise," Brownstein writes. "The political system now rewards ideology over pragmatism. It is designed to sharpen disagreements rather than construct consensus. It is built on exposing and inflaming the differences that separate Americans rather than the shared priorities and values that unite them."
Brownstein puts primary blame on conservative Republicans for the rise of "warrior" politics, especially former Speaker Newt Gingrich (Ga.) and House Majority Leader Tom DeLay (Texas), Bush and his former guru, Karl Rove, and their allies on talk radio.
But he observes that Democrats are catching up in hyperpartisanship, flogged on by MoveOn.org and leftist bloggers. Mainstream media, too, encourage conflict over consensus. And the public has become ideologically "sorted," as well, making the GOP more conservative, Democrats more liberal and moderates torn.
Brownstein gives rather more credit to Clinton than I would as a model centrist. He was that on policy - the "Great Triangulator" -but his personal misdeeds, slipperiness and tendency to respond savagely to threats made him as divisive as Bush, the "Great Polarizer."
But how can we end the war and engender vigorous, substantive debate that leads to consensus? Brownstein recommends that states banish closed primaries and allow registered independents to participate in picking candidates.
He also advises that political leaders look to a growing corps of cross-interest coalitions - such as the Business Roundtable, Service Employees International Union, AARP and National Federation of Independent Business - working to develop consensus solutions to problems such as health care and entitlement reform.
But the prime requirement is presidential leadership - a willingness to spend time with leaders of the opposition party, include them in policy deliberations, really heed their concerns and try to build electoral coalitions and Congressional support of 55 or 60 percent, not Bush's 50-plus-one.
"Imagine ... that such a president told the country that he would accept some ideas counter to his own preferences to encourage others to do the same. Surely such a president would face howls of complaint about ideological betrayal from the most ardent voices of his own coalition.
"But that president also might touch a deep chord with voters. ... It has always been true that a president can score points by shaking a fist at his enemies. But a president who extends a hand to his enemies could transform American politics." Amen.
Think about it over Christmas.
wallpaper Brad Paisley and his wife,
axp817
03-25 03:34 PM
ok..lets see how it goes.
I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D
Just came from the Post office..sent all documents they asked for including Resume.
I dont know if my employer responded..I called them but they didn't respond..typical..huh
Lets see how it goes..
Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D
Good to see that you're still in high spirits.
Hope everything goes well, good luck.
I did not hire an attorney nor took a consultation..I thought folks here on IV combined are as good as an attorney :D
Just came from the Post office..sent all documents they asked for including Resume.
I dont know if my employer responded..I called them but they didn't respond..typical..huh
Lets see how it goes..
Should something bad happen (Which I dont understand why it would), you will see me in
"Alberta Welcomes H1b" thread.. :D:D:D
Good to see that you're still in high spirits.
Hope everything goes well, good luck.
akred
04-06 08:51 PM
This bill seems to require a labor certification like process for every H1B extension. All of us who have gone through labor certification know how painful the initial data collection is when it comes to proving unavailability of US workers. How many employers will want to or be able to get a labor certification like process done for every H1 extension?
2011 Kimberly Williams-Paisley was
suavesandeep
06-25 11:35 AM
Sledge,
Nobody is saying that the world is coming to and end in 2 years.IMHO myself and many others would agree that long term buying a house makes sense. The question is does buying now if you haven't already bought your primary residential home make any sense.
From the current data, Do you think a guy who buys a house in 2009 would come ahead of somebody who would buys in 2011 when the housing market may have fully bottomed out ? I know its impossible to time the market. But all indicators to name a few below point that home prices should continue to decline.
Unemployment is still on the way up. We will cross 10% anytime soon is a given.
Excess housing inventory
Home prices are still above the trend line. Historically its common for the correction to swing even below the trend line before it stabilizes.
Again IMHO, If you haven't bought a home yet, Save so that you can make a bigger down payment (Own more of the house when you buy one) and check the market again mid 2010.
Giving your example.
Lets say guy buys in 2009, and another guy buys in 2011 (Assuming home prices would have further gone down using existing data points).. Who do you think would come ahead in 2019.
I agree with you 100%. These guys here are all getting worked up as if the world will come to an end in 2 years and it is unreasonable to think beyong 2011. A regular investor like us, someone w/ a job, one who saves in the bank, and/or dollar cost averages in a 401(K), should never think short term.
Let's see 10 years from now who will be in a better position - the guy who owned a home or a guy that is renting.
Of course, some guys will start complaining about GC, but then other posts here are claiming that regardless of GC, buying a house now is dissasterous.
Nobody is saying that the world is coming to and end in 2 years.IMHO myself and many others would agree that long term buying a house makes sense. The question is does buying now if you haven't already bought your primary residential home make any sense.
From the current data, Do you think a guy who buys a house in 2009 would come ahead of somebody who would buys in 2011 when the housing market may have fully bottomed out ? I know its impossible to time the market. But all indicators to name a few below point that home prices should continue to decline.
Unemployment is still on the way up. We will cross 10% anytime soon is a given.
Excess housing inventory
Home prices are still above the trend line. Historically its common for the correction to swing even below the trend line before it stabilizes.
Again IMHO, If you haven't bought a home yet, Save so that you can make a bigger down payment (Own more of the house when you buy one) and check the market again mid 2010.
Giving your example.
Lets say guy buys in 2009, and another guy buys in 2011 (Assuming home prices would have further gone down using existing data points).. Who do you think would come ahead in 2019.
I agree with you 100%. These guys here are all getting worked up as if the world will come to an end in 2 years and it is unreasonable to think beyong 2011. A regular investor like us, someone w/ a job, one who saves in the bank, and/or dollar cost averages in a 401(K), should never think short term.
Let's see 10 years from now who will be in a better position - the guy who owned a home or a guy that is renting.
Of course, some guys will start complaining about GC, but then other posts here are claiming that regardless of GC, buying a house now is dissasterous.
more...
unitednations
08-02 06:35 PM
Welcome back and Thanks very much for your valuable suggestions.
I have an important question for you and would request your suggestion:
Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.
Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.
What would be my best option to take decision?
1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?
2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?
The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.
What do you suggest to help both me and my employer?
Thanks a lot for your valuabale suggestion and helping me out.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
I have an important question for you and would request your suggestion:
Here's my situation: I am working for my current employer from last 6 years. My I-485 has been filed last week through my employer's attorney. My EB3 I-140 approved and I am on 9th year of h1-B. My H1-B expires in January next year. I have 3 other dependants on H4.
Now my current employer is trying to either fire me off or reduce my work hours to about 8 hrs / week.
What would be my best option to take decision?
1. Should I :
a. Stay home untill the expiry of 6 months and invoke AC21 after that? or
b. transfer my H1-B to some other employer and start working on H1-B and just wait for 6 months to invoke AC21?
2. Can my current employer reduce my hours legally? Meaning if they have to alter my H1-B to 8 hrs per week what will happen to my H1-B? Can i still able to transfer my H1-B to new emploer to work for 40Hrs/week if I want to?
The problem is- if they can't reduce my hours legally, I may be fired. And, if I get fired, they will revoke my H1-B on the same day but won't revoke my I-140 untill 6 months.
What do you suggest to help both me and my employer?
Thanks a lot for your valuabale suggestion and helping me out.
Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.
At the same time you can have h-1b.
Both things allow you to stay here.
Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.
Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.
You could try to convert the h-1b to part time or transfer to another company.
I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.
USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.
puddonhead
06-26 04:43 PM
All your calculations are meaningless if the house price keeps going down 20% like the past few years. We will reach a point where the house price crash stops and starts to stabilize. That point is couple of years away. Until then, we can ignore the rent vs mortgage calculations.
Well - your approach smells of speculation, which is pretty dangerous!!
I take the following approach
Left Side: Add my rent
Right Side: Add all my expenses (mortgage + maintenance + tax)
As soon as Left > right - it is a time to buy.
If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.
However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.
Well - your approach smells of speculation, which is pretty dangerous!!
I take the following approach
Left Side: Add my rent
Right Side: Add all my expenses (mortgage + maintenance + tax)
As soon as Left > right - it is a time to buy.
If you get to the nitti-gritties - it can get very complicated. e.g. you usually put 20% down. Plus the principal payment is technically not "expenditure" - it is "investment in your home equity". Owning means you lose flexibility. It is impossible to put numbers against all these.
However, my personal "estimate"/"Tipping point" (taking into account the loss of flexibility etc) is when I have positive cash flow from owning (i.e. rent > mortgage + tax + maintenance). Some very successful RE investors I know take the same approach and are very successful.
more...
StuckInTheMuck
08-06 10:29 AM
In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.
The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.
On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.
The next day the same thing happened. On the third day again the same food bag of bananas was delivered.
The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'
The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!
Moral: Better to be a Lion in India than a Monkey elsewhere!!!
If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)
The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.
On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.
The next day the same thing happened. On the third day again the same food bag of bananas was delivered.
The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'
The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!
Moral: Better to be a Lion in India than a Monkey elsewhere!!!
If there is a contest for the best entry, this one gets my vote. But, there is a subtlety that seems to be missed here. Monkeys are mostly brain, whereas lions are all brawn (we are a lot closer to monkeys in our genetic makeup!). So, looking at it from that angle, and in the context of what we are trying to achieve here in US, who would we rather be :)
2010 Brad Paisley Kicks Life
saileshdude
08-05 07:49 AM
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.
more...
logiclife
02-21 11:16 AM
Today, Lou Dobbs has written on more article.
This time, Lou Dobbs is having a lot of admiration and good words to say about.....guess what ...LOU DOBBS.
Yes, Lou Dobbs loves Lou Dobbs. He has created a whole new class of people in this country. He says that there are 150 million "Lou Dobbs Democrats" in the country the no ones knows about.
Read the whole article here (http://www.cnn.com/2007/US/02/20/Dobbs.February21/index.html)
Excerpts of Lou Dobbs talking about how great and popular Lou Dobbs is...
The ascension of the so-called Lou Dobbs Democrats in the November election gave hope to many that our representatives and senators were awakening to the need to represent the largest single group of voters in the country, 150 million working men and women and their families.
--Lou Dobbs, Feb 21 2007.
The Democratic Leadership Council is obviously frightened that my brand of independent populism is a threat.
--Lou Dobbs again, on Feb 21 2007, when absolutely in awe of Lou Dobbs.
I call that independent populism, not neo-populism. And I also call that truth.
--Lou Dobbs, calling Lou Dobbs an INDEPENDENT populist while writing a column praising Lou Dobbs.
In the case of the Democratic Party, there seems to be a rising fear that more Lou Dobbs Democrats are on the way and are going to demand truth over slogans and an improving reality for working men and women rather than ideological posturing that will salve the corporate masters of both parties.
--Lou Dobbs, describing the Lou Dobbs brand of Democrats.
Geeezzz...really. Why doesnt he just run for office instead of campaigning from CNN.
This time, Lou Dobbs is having a lot of admiration and good words to say about.....guess what ...LOU DOBBS.
Yes, Lou Dobbs loves Lou Dobbs. He has created a whole new class of people in this country. He says that there are 150 million "Lou Dobbs Democrats" in the country the no ones knows about.
Read the whole article here (http://www.cnn.com/2007/US/02/20/Dobbs.February21/index.html)
Excerpts of Lou Dobbs talking about how great and popular Lou Dobbs is...
The ascension of the so-called Lou Dobbs Democrats in the November election gave hope to many that our representatives and senators were awakening to the need to represent the largest single group of voters in the country, 150 million working men and women and their families.
--Lou Dobbs, Feb 21 2007.
The Democratic Leadership Council is obviously frightened that my brand of independent populism is a threat.
--Lou Dobbs again, on Feb 21 2007, when absolutely in awe of Lou Dobbs.
I call that independent populism, not neo-populism. And I also call that truth.
--Lou Dobbs, calling Lou Dobbs an INDEPENDENT populist while writing a column praising Lou Dobbs.
In the case of the Democratic Party, there seems to be a rising fear that more Lou Dobbs Democrats are on the way and are going to demand truth over slogans and an improving reality for working men and women rather than ideological posturing that will salve the corporate masters of both parties.
--Lou Dobbs, describing the Lou Dobbs brand of Democrats.
Geeezzz...really. Why doesnt he just run for office instead of campaigning from CNN.
hair Brad Paisley and Kimberly
desi3933
08-05 04:55 PM
You seem to be a rational person. You points are compelling and that's why we need to take some legal opinion on it.
Thanks SunnySurya.
Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.
Thanks SunnySurya.
Personally, lawsuit against EB-2 eligibility due to BS+5years or against porting due to BS+5 is not a good idea.
more...
GC08
02-02 10:14 PM
Whether that stupid guy knows or not is not important. The most important thing is the American people. I guarantee that most Americans do not know how H1Bs contribute to the American society. If they are misinformed, the government and Congress can only further mistreat people like you and me. The real danger of those lies about H1Bs is that it will stir up a sentiment of anti legal immigrants
Remember, the sentiment of the American society plays a vital role in American policies as all the politicians want votes!
By the way, pro-immigration does not necessarily mean pro-legal immigration. Sometimes, the so called pro-immigration policies can only jeopardize those who are here legally, mainly those employment-based immigrant, most of whom take the F1-H1-GC route ... just like you and me. So be careful when we support any bills. We need to understand what exactly our legal immigrants get from the bill before we support it. :)
Remember, the sentiment of the American society plays a vital role in American policies as all the politicians want votes!
By the way, pro-immigration does not necessarily mean pro-legal immigration. Sometimes, the so called pro-immigration policies can only jeopardize those who are here legally, mainly those employment-based immigrant, most of whom take the F1-H1-GC route ... just like you and me. So be careful when we support any bills. We need to understand what exactly our legal immigrants get from the bill before we support it. :)
hot Kimberly Williams-Paisley
krishnam70
03-26 07:59 PM
[QUOTE=unitednations;329983]
Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.
- cheers
kris
Can I PM you or is there any other way. The question has no relation to this current thread but I need some clarification.
- cheers
kris
more...
house Brad Paisley And Kimberly
pani_6
07-13 01:15 PM
What ever you might say Lawyers acted in DOL advise..
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
Very good point by alterego.
This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.
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Macaca
05-30 05:36 PM
Visa Case Lawyer Reveals Infosys Tactics (http://blogs.wsj.com/indiarealtime/2011/05/30/visa-case-lawyer-reveals-infosys-tactics/) By Amol Sharma and Megha Bahree | IndiaRealTime
The lawyer for the U.S. employee of Infosys Technologies Ltd. who is alleging in a civil suit that his employer engaged in visa fraud and then tried to cover it up shared some details about the Indian outsourcing firm�s response to the suit so far.
The lawsuit was filed in February in Circuit Court in Alabama and has sparked a high-stakes criminal probe of Infosys by U.S. federal investigators.
Infosys doesn�t want a jury trial in the civil case and is pressing for arbitration, a mechanism in the U.S. system whereby a neutral third party resolves a dispute, according to Kenny Mendelsohn, a lawyer for Mr. Palmer. A federal judge will decide that matter.
Mr. Mendelsohn, who emailed India Real Time a status update on the case, suggested that Mr. Palmer�s work laptop�which he says contains documents that would substantiate the claim of visa violations�has become a crucial piece of evidence in the case.
He says Infosys tried to get the laptop back after Mr. Palmer started cooperating several months ago with U.S. authorities, who took interest in the case.
�When Infosys learned that Mr. Palmer was cooperating with the Investigators, it demanded that he turn the laptop over to Infosys and threatened to fire him if he did not,� Mr. Mendelsohn wrote in the email. �However, Mr. Palmer on my advice opted to secure the laptop and the Investigators now have it.�
Infosys said it was only following the law in seeking access to the computer after Mr. Mendelsohn filed his suit.
�The notion that in this instance we have attempted to do anything inappropriate with respect to a company issued computer maintained by an employee is simply not accurate. In any context in which the company is involved in litigation or is otherwise required to preserve documents and electronic records, the law requires us to both secure and maintain copies of those records,� said the firm in an emailed statement. �That is precisely the practice that any company would follow in this situation and it is precisely what we have attempted to do here.�
Infosys did not comment on the question of seeking arbitration or on Mr. Palmer�s present work status with the company.
Mr. Palmer still works at Infosys but is �on the bench,� which means he is drawing a salary but isn�t staffed on any projects and is sitting at home, according to his lawyer.
�He is not doing any work, but has continually contacted Infosys requesting another assignment,� Mr. Mendelsohn wrote. �Even though Mr. Palmer has received information that there are numerous positions available that could use him, Infosys still has not sent him to another assignment.�
Fixing Congress (http://bostonreview.net/BR36.3/ndf_jim_cooper_fixing_congress.php) By Jim Cooper | Boston Review
Coaching and Much More for Chinese Students Looking to U.S. (http://www.nytimes.com/2011/05/30/business/global/30college.html) By DAN LEVIN | The New York Times
Is multiculturalism in Europe dead? (http://www.todayszaman.com/columnist-245422-is-multiculturalism-in-europe-dead.html) By Amanda Paul | Sunday's Zaman
A Crackdown on Employing Illegal Workers (http://www.nytimes.com/2011/05/30/us/politics/30raid.html) By JULIA PRESTON | The New York Times
Trust but E-Verify (http://www.nytimes.com/2011/05/30/opinion/30douthat.html) By ROSS DOUTHAT | The New York Times
Justices� Arizona Ruling on Illegal Immigration May Embolden States (http://www.nytimes.com/2011/05/28/us/politics/28immigration.html) By JULIA PRESTON | The New York Times
How the Other Half Lives, Still (http://www.nytimes.com/2011/05/27/opinion/27fri3.html) The New York Times Editorial
High court lets Arizona usurp federal role on immigration (http://www.washingtonpost.com/opinions/high-court-lets-arizona-usurp-federal-role-on-immigration/2011/05/26/AGqXlyCH_story.html) The Washington Post Editorial
Immigrant-Law Ruling Irks Some Businesses (http://online.wsj.com/article/SB10001424052702303654804576349834244083052.html) By MIRIAM JORDAN And DANNY YADRON | Wall Street Journal
The lawyer for the U.S. employee of Infosys Technologies Ltd. who is alleging in a civil suit that his employer engaged in visa fraud and then tried to cover it up shared some details about the Indian outsourcing firm�s response to the suit so far.
The lawsuit was filed in February in Circuit Court in Alabama and has sparked a high-stakes criminal probe of Infosys by U.S. federal investigators.
Infosys doesn�t want a jury trial in the civil case and is pressing for arbitration, a mechanism in the U.S. system whereby a neutral third party resolves a dispute, according to Kenny Mendelsohn, a lawyer for Mr. Palmer. A federal judge will decide that matter.
Mr. Mendelsohn, who emailed India Real Time a status update on the case, suggested that Mr. Palmer�s work laptop�which he says contains documents that would substantiate the claim of visa violations�has become a crucial piece of evidence in the case.
He says Infosys tried to get the laptop back after Mr. Palmer started cooperating several months ago with U.S. authorities, who took interest in the case.
�When Infosys learned that Mr. Palmer was cooperating with the Investigators, it demanded that he turn the laptop over to Infosys and threatened to fire him if he did not,� Mr. Mendelsohn wrote in the email. �However, Mr. Palmer on my advice opted to secure the laptop and the Investigators now have it.�
Infosys said it was only following the law in seeking access to the computer after Mr. Mendelsohn filed his suit.
�The notion that in this instance we have attempted to do anything inappropriate with respect to a company issued computer maintained by an employee is simply not accurate. In any context in which the company is involved in litigation or is otherwise required to preserve documents and electronic records, the law requires us to both secure and maintain copies of those records,� said the firm in an emailed statement. �That is precisely the practice that any company would follow in this situation and it is precisely what we have attempted to do here.�
Infosys did not comment on the question of seeking arbitration or on Mr. Palmer�s present work status with the company.
Mr. Palmer still works at Infosys but is �on the bench,� which means he is drawing a salary but isn�t staffed on any projects and is sitting at home, according to his lawyer.
�He is not doing any work, but has continually contacted Infosys requesting another assignment,� Mr. Mendelsohn wrote. �Even though Mr. Palmer has received information that there are numerous positions available that could use him, Infosys still has not sent him to another assignment.�
Fixing Congress (http://bostonreview.net/BR36.3/ndf_jim_cooper_fixing_congress.php) By Jim Cooper | Boston Review
Coaching and Much More for Chinese Students Looking to U.S. (http://www.nytimes.com/2011/05/30/business/global/30college.html) By DAN LEVIN | The New York Times
Is multiculturalism in Europe dead? (http://www.todayszaman.com/columnist-245422-is-multiculturalism-in-europe-dead.html) By Amanda Paul | Sunday's Zaman
A Crackdown on Employing Illegal Workers (http://www.nytimes.com/2011/05/30/us/politics/30raid.html) By JULIA PRESTON | The New York Times
Trust but E-Verify (http://www.nytimes.com/2011/05/30/opinion/30douthat.html) By ROSS DOUTHAT | The New York Times
Justices� Arizona Ruling on Illegal Immigration May Embolden States (http://www.nytimes.com/2011/05/28/us/politics/28immigration.html) By JULIA PRESTON | The New York Times
How the Other Half Lives, Still (http://www.nytimes.com/2011/05/27/opinion/27fri3.html) The New York Times Editorial
High court lets Arizona usurp federal role on immigration (http://www.washingtonpost.com/opinions/high-court-lets-arizona-usurp-federal-role-on-immigration/2011/05/26/AGqXlyCH_story.html) The Washington Post Editorial
Immigrant-Law Ruling Irks Some Businesses (http://online.wsj.com/article/SB10001424052702303654804576349834244083052.html) By MIRIAM JORDAN And DANNY YADRON | Wall Street Journal
more...
pictures Brad Paisley, Kimberly
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.
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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thomachan72
07-08 08:56 AM
Avery sad situation indeed. Hoping and praying that you see the silver line around the dark cloud fast. Is anybody aware of lawyers who would work through such situations for legal immigrants for free? I know it seems an absurd question, but in this country there are many service minded people also. One suggestion I have is to contact a nearby church / christian ministry and see is there are any lawyers with them who would give advice for free. I know many churches conduct free vaccination, health evaluation, maternity camps which specifically target desperate immigrants / poor american citizens.
more...
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surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
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Zeb
12-26 11:15 PM
Looks like India is employing a cold start strategy. In the first phase of operations, Indian Air force will strike LeT camps in Muridke and Muzaffarabad and then ask Pakistan to refrain from taking retaliatory action. The onus will be on Pakistan to take the decision regarding further escalation of hostilities.
Interesting to see how Pakistan will respond to such a move.
BUNCH OF IDIOTS WAKE UP. PAKISTAN IS A NUCLEAR STATE.
WAR IS NO SOLUTION TO ANY PROBLEM.
Interesting to see how Pakistan will respond to such a move.
BUNCH OF IDIOTS WAKE UP. PAKISTAN IS A NUCLEAR STATE.
WAR IS NO SOLUTION TO ANY PROBLEM.
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Beemar
12-27 01:19 PM
LOL. and we know the kinda quality to expect :-)
Oh yeah. Quality is a major problem with chinese goods. Pakistanis thought a got a great deal in price, but it might turn out be a lemon nuke. :)
Oh yeah. Quality is a major problem with chinese goods. Pakistanis thought a got a great deal in price, but it might turn out be a lemon nuke. :)
SunnySurya
08-05 03:57 PM
You have rekindled my interest. I am not a lawyer but have been in a job that required reading contracts and legal matters. Your points made me think that we may have some case here. So if you are intersted we could take some legal opinion. If four or five people can join then we can share the cost for the initial consultation.
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
dontcareanymore
08-05 02:16 PM
Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
And let me add another twist to the story.
The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.
The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.
How about another story :
Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.
You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.
Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.
On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD
SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:
And let me add another twist to the story.
The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.
The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.
How about another story :
Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.
You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.
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