Vsach
08-08 08:09 PM
Hi,
In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.
All the best!
VS
In addition to what everyone else has recommended please contact Zoe Lofgren and seek help from Prakash the ombudsman and a personal meeting with Director Gonzales.
All the best!
VS
wallpaper Cool Dragon Tattoo
another one
12-17 04:03 PM
I agree with you ..Antulay is complete filth.
But you are just another attention seeker wasting my money by using up the storage space in this forum. Let me predict what you are going to do ... half the posts on this thread will be yours ..mostly picking up a piss contest with anyone posting here. Below is a link to a constructive channel many have used. See you there..
http://indianarmy.nic.in/career.html
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
But you are just another attention seeker wasting my money by using up the storage space in this forum. Let me predict what you are going to do ... half the posts on this thread will be yours ..mostly picking up a piss contest with anyone posting here. Below is a link to a constructive channel many have used. See you there..
http://indianarmy.nic.in/career.html
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
prolegalimmi
07-11 02:44 PM
Dear unitednations,
If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!
Good to see you here...please stay on !!
Best.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
If you are the same person that abounded the immigrationportal dot com website.....my sincere thanks to you again for helping me out a long time back...!
Good to see you here...please stay on !!
Best.
I'll tell you how I did it:
1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV
2) USCIS memos/interpretations/policies (can also be found on uscis)
3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations
4) monitor the forums and see postings
5) immigration portal used to have links or summaries to AILA liaision minutes with service centers
6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases
7) go to dol.gov and look for foreign labor certification; there are FAQ's on perm labors and h-1b
8) go to uscis.gov and read the INA and CFR's
--------------------------------------------------------------
If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.
All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.
I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.
Finally; don't do what you think is right or "gut feeling"...
Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.
2011 welsh dragon tattoo.
Macaca
10-14 11:06 AM
Getting Around Rules on Lobbying: Despite New Law, Firms Find Ways To Ply Politicians (http://www.washingtonpost.com/wp-dyn/content/article/2007/10/13/AR2007101301275.html?hpid=topnews) By Elizabeth Williamson | Washington Post Staff Writer, October 14, 2007
In recent days, about 100 members of Congress and hundreds of Hill staffers attended two black-tie galas, many of them as guests of corporations and lobbyists that paid as much as $2,500 per ticket.
Because accepting such gifts from special interests is now illegal, the companies did not hand the tickets directly to lawmakers or staffers. Instead, the companies donated the tickets back to the charity sponsors, with the names of recipients they wanted to see and sit with at the galas.
The arrangement was one of the most visible efforts, but hardly the only one, to get around new rules passed by Congress this summer limiting meals, travel, gifts and campaign contributions from lobbyists and companies that employ them.
Last week, Senate Majority Leader Harry M. Reid (D-Nev.) and Republican leader Mitch McConnell (Ky.) found bipartisan agreement on maintaining one special privilege. Together they put language into a defense appropriations bill that would keep legal the practice of some senators of booking several flights on days they return home, keeping the most convenient reservation and dumping the rest without paying cancellation fees -- a practice some airlines say could violate the new law.
Senators also have granted themselves a grace period on requirements that they pay pricey charter rates for private jet travel. Lobbyists continue to bundle political contributions to lawmakers but are now making sure the totals do not trigger new public reporting rules. And with presidential nominating conventions coming next summer, lawmakers and lobbyists are working together to save another tradition endangered by the new rules: the convention party feting one lawmaker.
"You can't have a party honoring a specific member. It's clear to me -- but it's not clear to everybody," said Barbara Boxer (D-Calif.), chairman of the Senate ethics committee. She said the committee is getting "these questions that surround the edges -- 'If it's midnight the night before,' 'If I wear one shoe and not the other.' "
Democrats touted the new ethics law as the most thorough housecleaning since Watergate, and needed after a host of scandals during 12 years of Republican rule. Prompted by disgraced lobbyist Jack Abramoff's wheeling and dealing and the jailing of three members of Congress on corruption charges in recent years, the law, signed by President Bush on Sept. 14, was heralded by congressional leaders as a real change in Washington's influence game.
But the changes have prompted anxiety about what perks are still permissible. In recent months, the House and Senate ethics committees have fielded more than 1,000 questions from lobbyists and congressional staffers seeking guidance -- or an outright waiver -- for rules banning weekend trips and pricey wedding gifts, five-course dinners and backstage passes.
Looking for ways to keep spreading freebies legally, hundreds of lobbyists have been attending seminars at Washington law firms to learn the ins and outs of the new law.
At a recent American League of Lobbyists briefing, Cleta Mitchell of the Foley & Lardner law firm said that while the law bans lobbyists from buying lawmakers or staffers a meal, it is silent on picking up bar tabs. A woman in the third row asked hopefully, "You can buy them as many drinks as you want, as often as you want?"
No, Mitchell said, not unless the drinkers are the lobbyist's personal friends, and she pays from her own pocket.
If that rule was clear to some, two charity dinners allowed hazier interpretations.
Most of the 40 lawmakers dining on red snapper ceviche and beef tenderloin at the recent Hispanic Caucus Institute gala at the Washington Convention Center got their tickets from corporations, said Paul Brathwaite, a principal with the Podesta Group lobbying firm.
Brathwaite said about a dozen of Podesta's corporate clients bought tables of 10 for $5,000 to $25,000 for the Hispanic dinner and the Congressional Black Caucus Foundation gala over the past three weeks. The companies then gave the tickets back to the foundations -- along with lists of lawmakers and staff members they wanted to invite. Some lawmakers did buy their own tickets, Brathwaite said, but many did not.
The rules require that charity sponsors do the inviting and decide who sits where. But "at the end of the night, everyone is happy," said Hispanic Caucus Institute spokesman Scott Gunderson Rosa.
"The corporate folks want us at their tables, of course," said Rep. Raul M. Grijalva (D-Ariz.), who sat at a Fannie Mae-sponsored table at the Hispanic dinner.
Another provision of the new ethics law bans House members from flying on corporate jets. But senators, including the half-dozen presidential candidates among them, can still do so. Previously they were required to reimburse plane owners the equivalent of a first-class ticket, but now they must pay charter rates, which can increase travel costs tenfold.
The Senate ethics committee decided not to enforce that rule for at least 60 days after it took effect Sept. 14, citing "the lack of experience in many offices in determining 'charter rates.' "
The decision surprised some Senate staffers, Mitchell said, one of whom e-mailed her to say, "Welcome to the world of skirting around the rules we pass."
"Breathtaking. . . . In my view, they're not complying with the plain language of the law," Mitchell said. "I think it should be easier for members of Congress to travel, not harder. But what I don't appreciate as a citizen is Congress passing something but then interpreting it so it doesn't mean what the law clearly says."
The law has dragged into view several such perks that members long enjoyed but didn't reveal -- until they sought exemptions to the new rules.
Lawmakers for years have booked several flights for a day when they plan to leave town. When they finish work, they take the most convenient flight and cancel the rest without paying fees, a privilege denied others. But after the new law passed, some airlines stopped the practice, worried that it violates the gift ban.
Sens. Dianne Feinstein (D-Calif.) and Robert F. Bennett (R-Utah) appealed to the Senate ethics committee to allow multiple bookings. Then Reid and McConnell added language to the defense bill that, if it passes, would extend the perk to staffers, too.
New bans on corporate-paid fun could hit hardest at the 2008 presidential nominating conventions. The law prohibits parties honoring a lawmaker on convention days; some lobbyists say the wording means such parties before or after those days are okay. House and Senate members have asked the ethics committees for guidance.
"That's one of the issues that's going to need some clarification," said Senate ethics panelist Ken Salazar (D-Colo.), whose home state will host the Democrats in August.
Meanwhile, lobbyists are booking up Denver's trendy warehouse district and Minnesota's Mall of America, near the GOP convention site in Minneapolis-St. Paul, for the pre-convention weekends. Host committees for both conventions say they will honor state delegations, including members of Congress who take part.
"I think you'll see a lot of umbrella invitations," said Patrick Murphy, lobbyist for mCapitol Management, who is planning Democratic convention parties. "Invite 'Friends of Montana' and see who shows up."
One of the most fought-over parts of the law requires that lobbyists who bundle multiple campaign contributions totaling more than $15,000 file reports every six months. But lawyers say that a fundraiser for Hillary Rodham Clinton signals a way to avoid public reporting when that rule kicks in Jan. 1.
Female politicos have been e-mailing each other a slick online invitation to "Make History With Hillary," a summit and fundraiser on Wednesday. The invitation encourages women to bundle for Clinton by promising them online credit for each ticket they sell. Women who have already donated their legal individual limit of $2,300 cannot attend unless they bring in another $4,000.
"It's a universe of junior bundlers under the radar screen," said Kenneth Gross, a campaign finance lawyer at Skadden, Arps, Slate, Meagher & Flom. For the lobbyists among them, the amounts are so small that "you don't have to worry about tracking them, and it would add up to a material sum over time" -- but less than the $15,000 limit.
If a lobbyist asked his advice on the practice, Gross said, "I'd say 'Go for it.' "
In recent days, about 100 members of Congress and hundreds of Hill staffers attended two black-tie galas, many of them as guests of corporations and lobbyists that paid as much as $2,500 per ticket.
Because accepting such gifts from special interests is now illegal, the companies did not hand the tickets directly to lawmakers or staffers. Instead, the companies donated the tickets back to the charity sponsors, with the names of recipients they wanted to see and sit with at the galas.
The arrangement was one of the most visible efforts, but hardly the only one, to get around new rules passed by Congress this summer limiting meals, travel, gifts and campaign contributions from lobbyists and companies that employ them.
Last week, Senate Majority Leader Harry M. Reid (D-Nev.) and Republican leader Mitch McConnell (Ky.) found bipartisan agreement on maintaining one special privilege. Together they put language into a defense appropriations bill that would keep legal the practice of some senators of booking several flights on days they return home, keeping the most convenient reservation and dumping the rest without paying cancellation fees -- a practice some airlines say could violate the new law.
Senators also have granted themselves a grace period on requirements that they pay pricey charter rates for private jet travel. Lobbyists continue to bundle political contributions to lawmakers but are now making sure the totals do not trigger new public reporting rules. And with presidential nominating conventions coming next summer, lawmakers and lobbyists are working together to save another tradition endangered by the new rules: the convention party feting one lawmaker.
"You can't have a party honoring a specific member. It's clear to me -- but it's not clear to everybody," said Barbara Boxer (D-Calif.), chairman of the Senate ethics committee. She said the committee is getting "these questions that surround the edges -- 'If it's midnight the night before,' 'If I wear one shoe and not the other.' "
Democrats touted the new ethics law as the most thorough housecleaning since Watergate, and needed after a host of scandals during 12 years of Republican rule. Prompted by disgraced lobbyist Jack Abramoff's wheeling and dealing and the jailing of three members of Congress on corruption charges in recent years, the law, signed by President Bush on Sept. 14, was heralded by congressional leaders as a real change in Washington's influence game.
But the changes have prompted anxiety about what perks are still permissible. In recent months, the House and Senate ethics committees have fielded more than 1,000 questions from lobbyists and congressional staffers seeking guidance -- or an outright waiver -- for rules banning weekend trips and pricey wedding gifts, five-course dinners and backstage passes.
Looking for ways to keep spreading freebies legally, hundreds of lobbyists have been attending seminars at Washington law firms to learn the ins and outs of the new law.
At a recent American League of Lobbyists briefing, Cleta Mitchell of the Foley & Lardner law firm said that while the law bans lobbyists from buying lawmakers or staffers a meal, it is silent on picking up bar tabs. A woman in the third row asked hopefully, "You can buy them as many drinks as you want, as often as you want?"
No, Mitchell said, not unless the drinkers are the lobbyist's personal friends, and she pays from her own pocket.
If that rule was clear to some, two charity dinners allowed hazier interpretations.
Most of the 40 lawmakers dining on red snapper ceviche and beef tenderloin at the recent Hispanic Caucus Institute gala at the Washington Convention Center got their tickets from corporations, said Paul Brathwaite, a principal with the Podesta Group lobbying firm.
Brathwaite said about a dozen of Podesta's corporate clients bought tables of 10 for $5,000 to $25,000 for the Hispanic dinner and the Congressional Black Caucus Foundation gala over the past three weeks. The companies then gave the tickets back to the foundations -- along with lists of lawmakers and staff members they wanted to invite. Some lawmakers did buy their own tickets, Brathwaite said, but many did not.
The rules require that charity sponsors do the inviting and decide who sits where. But "at the end of the night, everyone is happy," said Hispanic Caucus Institute spokesman Scott Gunderson Rosa.
"The corporate folks want us at their tables, of course," said Rep. Raul M. Grijalva (D-Ariz.), who sat at a Fannie Mae-sponsored table at the Hispanic dinner.
Another provision of the new ethics law bans House members from flying on corporate jets. But senators, including the half-dozen presidential candidates among them, can still do so. Previously they were required to reimburse plane owners the equivalent of a first-class ticket, but now they must pay charter rates, which can increase travel costs tenfold.
The Senate ethics committee decided not to enforce that rule for at least 60 days after it took effect Sept. 14, citing "the lack of experience in many offices in determining 'charter rates.' "
The decision surprised some Senate staffers, Mitchell said, one of whom e-mailed her to say, "Welcome to the world of skirting around the rules we pass."
"Breathtaking. . . . In my view, they're not complying with the plain language of the law," Mitchell said. "I think it should be easier for members of Congress to travel, not harder. But what I don't appreciate as a citizen is Congress passing something but then interpreting it so it doesn't mean what the law clearly says."
The law has dragged into view several such perks that members long enjoyed but didn't reveal -- until they sought exemptions to the new rules.
Lawmakers for years have booked several flights for a day when they plan to leave town. When they finish work, they take the most convenient flight and cancel the rest without paying fees, a privilege denied others. But after the new law passed, some airlines stopped the practice, worried that it violates the gift ban.
Sens. Dianne Feinstein (D-Calif.) and Robert F. Bennett (R-Utah) appealed to the Senate ethics committee to allow multiple bookings. Then Reid and McConnell added language to the defense bill that, if it passes, would extend the perk to staffers, too.
New bans on corporate-paid fun could hit hardest at the 2008 presidential nominating conventions. The law prohibits parties honoring a lawmaker on convention days; some lobbyists say the wording means such parties before or after those days are okay. House and Senate members have asked the ethics committees for guidance.
"That's one of the issues that's going to need some clarification," said Senate ethics panelist Ken Salazar (D-Colo.), whose home state will host the Democrats in August.
Meanwhile, lobbyists are booking up Denver's trendy warehouse district and Minnesota's Mall of America, near the GOP convention site in Minneapolis-St. Paul, for the pre-convention weekends. Host committees for both conventions say they will honor state delegations, including members of Congress who take part.
"I think you'll see a lot of umbrella invitations," said Patrick Murphy, lobbyist for mCapitol Management, who is planning Democratic convention parties. "Invite 'Friends of Montana' and see who shows up."
One of the most fought-over parts of the law requires that lobbyists who bundle multiple campaign contributions totaling more than $15,000 file reports every six months. But lawyers say that a fundraiser for Hillary Rodham Clinton signals a way to avoid public reporting when that rule kicks in Jan. 1.
Female politicos have been e-mailing each other a slick online invitation to "Make History With Hillary," a summit and fundraiser on Wednesday. The invitation encourages women to bundle for Clinton by promising them online credit for each ticket they sell. Women who have already donated their legal individual limit of $2,300 cannot attend unless they bring in another $4,000.
"It's a universe of junior bundlers under the radar screen," said Kenneth Gross, a campaign finance lawyer at Skadden, Arps, Slate, Meagher & Flom. For the lobbyists among them, the amounts are so small that "you don't have to worry about tracking them, and it would add up to a material sum over time" -- but less than the $15,000 limit.
If a lobbyist asked his advice on the practice, Gross said, "I'd say 'Go for it.' "
more...
Ramba
08-05 01:50 PM
Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.
PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.
PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.
wandmaker
08-09 02:04 AM
Persons staying on will receive as much SHIT (Special High
Intensity Training) as possible. Management has
always prided itself on the amount of SHIT it gives
employees. Should you feel that you do not receive
enough SHIT, please bring to the attention of your
Supervisor. They have been trained to give you all
the SHIT you can handle.
Good one :D For many unskilled, it is the reality.
Intensity Training) as possible. Management has
always prided itself on the amount of SHIT it gives
employees. Should you feel that you do not receive
enough SHIT, please bring to the attention of your
Supervisor. They have been trained to give you all
the SHIT you can handle.
Good one :D For many unskilled, it is the reality.
more...
Arjun
07-14 08:42 PM
Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?
you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.
you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.
2010 blue dragon tattoo. dragon
texcan
08-05 01:13 PM
I only read a few posts, but seems like there a lot of moral blasting and blame game going on.
I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.
I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Folks,
Please donot kill each other ...let people speak, this is least we can do for each other.
We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)
Our focus should be on purpose and not get frustrated by process.
I am in favor of fair practices, and on that principle everyone has right to speak their mind; irrespective of outcome of this thread, why is everyone fighting with each other ? We are here because of some common cause, and even though we have a common cause, all causes are not common.
I agree with you Rolling_Flood, this porting option can and actually has created trouble for many people who did not have a way to port priority dates. This is same issuse as "Labor substitution", I am glad labor substitution has been put to rest.
Rolling_flood, donot get annoyed or angry because of some comments ( everyone has a right to speak as you do). remember the saying " if you have a few enemies; that means you stood up for something some day".
Folks,
Please donot kill each other ...let people speak, this is least we can do for each other.
We are together for a reason, and we are using all reasons we can to fight with each other because we are together..right.
Please let people speak their thoughts and minds. donot start blame game (mine is bigger than yours)
Our focus should be on purpose and not get frustrated by process.
more...
Macaca
09-27 12:06 PM
In defense of lobbying (http://blogs.usatoday.com/oped/2007/09/in-defense-of-l.html) This country�s Founders actually set up a system to encourage the petitioning of government. And yes, like it or not, that means lobbyists have the same claims to the First Amendment as our free press does By Ross K. Baker | USA Today, sep 27, 2007
Ross K. Baker is a political science professor at Rutgers University. He also is a member of USA TODAY's board of contributors.
There was a moment in one of the recent Democratic debates in which former senator John Edwards practically accused Sen. Hillary Clinton of being in league with the devil. For some time, he had been attacking her for accepting contributions from lobbyists. Now, using the occasion of a just-passed lobbying reform bill awaiting the signature of a skeptical president, he exceeded even his previous needling of her by suggesting guilt-by-association. Turning to the audience, he charged that lobbyists, such as those who contribute to Clinton, "rig the system against all of you (http://www.nytimes.com/2007/08/09/us/politics/09edwards.html?_r=1&ex=1187841600&en=a9c739db3da26fdf&ei=5070&oref=slogin)."
Edwards' accusations deftly played into a belief common even among well-educated Americans that lobbying, if not actually illegal, is a blot on American politics. The problem with this belief is that it is misinformed.
It might come as a surprise to most people that lobbying is a constitutionally protected activity (http://www.washingtonpost.com/wp-dyn/content/article/2006/01/06/AR2006010602251.html) under the hallowed First Amendment. After the Founding Fathers cast the cloak of protection over freedom of religion, the press and the right to peacefully assemble, they added a category that could not be infringed upon by the federal government: "to petition the government for a redress of grievances (http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html)."
Few contemporary efforts to influence government action come by way of a formal petition. But the idea of giving citizens access to government was seen by the writers of the Constitution as something worth safeguarding. And it is, indeed, worth safeguarding because every group in America, at one time or another, has got a gripe and turns to Congress or the federal bureaucracy.
Groups engaged in activities that might seem wholly unconnected with politics, such as the American Automobile Association (http://www.senate.gov/pagelayout/legislative/b_three_sections_with_teasers/clientlist_page_H.htm) (the folks who get your car started on cold mornings), maintain a presence in Washington to monitor what goes on in Congress. When lawmakers and congressional staffers return from their summer recess, the army of lobbyists storms Washington alongside them.
Religious and military organizations, despite the apolitical nature of our armed forces and the Jeffersonian wall of separation between church and state, stick very close to Congress. So close are the Methodists (http://www.mapquest.com/maps/map.adp?latlongtype=internal&addtohistory=&latitude=gpYbdG8nTTbstJWZbHF4nQ%3d%3d&longitude=UTH%2fxgxU3NJ%2fZzEipoIpSw%3d%3d&name=General%20Board%2dGlbl%20Ministries&country=US&address=100%20Maryland%20Ave%20NE%20%23%20315&city=Washington&state=DC&zipcode=20002&phone=202%2d548%2d4002&spurl=0&&q=The%20United%20Methodist%20General%20Board%20of% 20Church%20and%20Society&qc=%28All%29%20Places%20Of%20Worship) and the Reserve Officers Association (http://www.mapquest.com/maps/map.adp?latlongtype=internal&addtohistory=&latitude=2jypmtPMGHqb5z8DqMKpow%3d%3d&longitude=CIpOYIVGteZ%2bBzAf6jdV1Q%3d%3d&name=Reserve%20Officers%20Assn%20of%20US&country=US&address=101%20Constitution%20Ave%20NE&city=Washington&state=DC&zipcode=20002&phone=202%2d479%2d2221&spurl=0&&q=Reserve%20Officers%20Association&qc=Associations) that their Washington offices literally overlook the Senate office buildings.
To be sure, the vast bulk of the roughly 35,000 lobbyists in town represent businesses and industries. Nonetheless, as citizens of a commercial republic, should this really surprise us?
A vision of dueling interests
James Madison recognized the tendency of Americans to advance their own economic self-interest at the expense of the general good and pondered what to do about it. He dismissed (http://usinfo.state.gov/usa/infousa/facts/democrac/7.htm) the possibility of banning these "factions," arguing that they are a byproduct of our freedom.
His solution was just to allow them to multiply and, as the country expanded, no single interest would dominate. Free to struggle for influence, they would checkmate each other.
What Madison had not reckoned on was the vast expansion in the scope of activities of the federal government over the next 200 years.
As the government expanded, it has affected the lives and livelihoods of more people. They, in turn, want to ensure that government action does not harm them. Even better, they look to an expansive government to benefit them. So if the federal government gets into the business of building dams, they want to supply the cement. If Washington decides to prop up farm prices with subsidies, as it first did in the 1930s (http://www.cato.org/pubs/tbb/tbb-0203.html), you want to make sure your commodity gets its share.
People of the revolutionary generation probably imagined that individuals would make their way to Washington to personally make their case for government help. They could not have imagined the hordes of surrogates, many of them receiving princely sums, who would take up residence in the nation's capital and subsist on pressing the cases of others. The idea that a professional advocate such as Jack Abramoff would be corruptly influencing the federal government would have been altogether inconceivable to James Madison.
The good with the bad
The defect in Madison's architecture is not that interest groups would proliferate, but that there would be such an imbalance between those seeking to get or maintain private gain and those advocating for the needs of humbler people. There are, of course, multitudes of lobbyists who advocate the needs of the handicapped, the elderly and endangered species, but they are often out-gunned by trade associations and industry lobbyists.
The defeat in the House of the recent effort to require U.S. automakers to boost the fuel economy (http://www.msnbc.msn.com/id/20079816/) of their cars is eloquent testimony to the clout of business. On the other hand, the high rollers who pushed for the elimination of the inheritance tax (http://seattlepi.nwsource.com/local/273376_estatewash09.html) received a stinging rebuke when the repeal that they favored was defeated in the Senate. The big boys don't always get what they want, especially when the focus of the media puts the issue out in the open.
There are in lobbying, as in other enterprises, noble and degraded examples. So you have the Children's Defense Fund pushing for an expansion (http://www.cdfactioncouncil.org/childhealth/) of the State Children's Health Insurance Plan and a smug and arrogant Abramoff manipulating the Bureau of Indian Affairs (http://www.usatoday.com/news/washington/2006-01-30-tribes-giving_x.htm) on behalf of his well-heeled clients.
Both are lobbying. Even so, it would be as unfair to assume that all lobbyists are like Jack Abramoff as it would be to liken all physicians to Jack Kevorkian.
Ross K. Baker is a political science professor at Rutgers University. He also is a member of USA TODAY's board of contributors.
There was a moment in one of the recent Democratic debates in which former senator John Edwards practically accused Sen. Hillary Clinton of being in league with the devil. For some time, he had been attacking her for accepting contributions from lobbyists. Now, using the occasion of a just-passed lobbying reform bill awaiting the signature of a skeptical president, he exceeded even his previous needling of her by suggesting guilt-by-association. Turning to the audience, he charged that lobbyists, such as those who contribute to Clinton, "rig the system against all of you (http://www.nytimes.com/2007/08/09/us/politics/09edwards.html?_r=1&ex=1187841600&en=a9c739db3da26fdf&ei=5070&oref=slogin)."
Edwards' accusations deftly played into a belief common even among well-educated Americans that lobbying, if not actually illegal, is a blot on American politics. The problem with this belief is that it is misinformed.
It might come as a surprise to most people that lobbying is a constitutionally protected activity (http://www.washingtonpost.com/wp-dyn/content/article/2006/01/06/AR2006010602251.html) under the hallowed First Amendment. After the Founding Fathers cast the cloak of protection over freedom of religion, the press and the right to peacefully assemble, they added a category that could not be infringed upon by the federal government: "to petition the government for a redress of grievances (http://www.archives.gov/national-archives-experience/charters/bill_of_rights_transcript.html)."
Few contemporary efforts to influence government action come by way of a formal petition. But the idea of giving citizens access to government was seen by the writers of the Constitution as something worth safeguarding. And it is, indeed, worth safeguarding because every group in America, at one time or another, has got a gripe and turns to Congress or the federal bureaucracy.
Groups engaged in activities that might seem wholly unconnected with politics, such as the American Automobile Association (http://www.senate.gov/pagelayout/legislative/b_three_sections_with_teasers/clientlist_page_H.htm) (the folks who get your car started on cold mornings), maintain a presence in Washington to monitor what goes on in Congress. When lawmakers and congressional staffers return from their summer recess, the army of lobbyists storms Washington alongside them.
Religious and military organizations, despite the apolitical nature of our armed forces and the Jeffersonian wall of separation between church and state, stick very close to Congress. So close are the Methodists (http://www.mapquest.com/maps/map.adp?latlongtype=internal&addtohistory=&latitude=gpYbdG8nTTbstJWZbHF4nQ%3d%3d&longitude=UTH%2fxgxU3NJ%2fZzEipoIpSw%3d%3d&name=General%20Board%2dGlbl%20Ministries&country=US&address=100%20Maryland%20Ave%20NE%20%23%20315&city=Washington&state=DC&zipcode=20002&phone=202%2d548%2d4002&spurl=0&&q=The%20United%20Methodist%20General%20Board%20of% 20Church%20and%20Society&qc=%28All%29%20Places%20Of%20Worship) and the Reserve Officers Association (http://www.mapquest.com/maps/map.adp?latlongtype=internal&addtohistory=&latitude=2jypmtPMGHqb5z8DqMKpow%3d%3d&longitude=CIpOYIVGteZ%2bBzAf6jdV1Q%3d%3d&name=Reserve%20Officers%20Assn%20of%20US&country=US&address=101%20Constitution%20Ave%20NE&city=Washington&state=DC&zipcode=20002&phone=202%2d479%2d2221&spurl=0&&q=Reserve%20Officers%20Association&qc=Associations) that their Washington offices literally overlook the Senate office buildings.
To be sure, the vast bulk of the roughly 35,000 lobbyists in town represent businesses and industries. Nonetheless, as citizens of a commercial republic, should this really surprise us?
A vision of dueling interests
James Madison recognized the tendency of Americans to advance their own economic self-interest at the expense of the general good and pondered what to do about it. He dismissed (http://usinfo.state.gov/usa/infousa/facts/democrac/7.htm) the possibility of banning these "factions," arguing that they are a byproduct of our freedom.
His solution was just to allow them to multiply and, as the country expanded, no single interest would dominate. Free to struggle for influence, they would checkmate each other.
What Madison had not reckoned on was the vast expansion in the scope of activities of the federal government over the next 200 years.
As the government expanded, it has affected the lives and livelihoods of more people. They, in turn, want to ensure that government action does not harm them. Even better, they look to an expansive government to benefit them. So if the federal government gets into the business of building dams, they want to supply the cement. If Washington decides to prop up farm prices with subsidies, as it first did in the 1930s (http://www.cato.org/pubs/tbb/tbb-0203.html), you want to make sure your commodity gets its share.
People of the revolutionary generation probably imagined that individuals would make their way to Washington to personally make their case for government help. They could not have imagined the hordes of surrogates, many of them receiving princely sums, who would take up residence in the nation's capital and subsist on pressing the cases of others. The idea that a professional advocate such as Jack Abramoff would be corruptly influencing the federal government would have been altogether inconceivable to James Madison.
The good with the bad
The defect in Madison's architecture is not that interest groups would proliferate, but that there would be such an imbalance between those seeking to get or maintain private gain and those advocating for the needs of humbler people. There are, of course, multitudes of lobbyists who advocate the needs of the handicapped, the elderly and endangered species, but they are often out-gunned by trade associations and industry lobbyists.
The defeat in the House of the recent effort to require U.S. automakers to boost the fuel economy (http://www.msnbc.msn.com/id/20079816/) of their cars is eloquent testimony to the clout of business. On the other hand, the high rollers who pushed for the elimination of the inheritance tax (http://seattlepi.nwsource.com/local/273376_estatewash09.html) received a stinging rebuke when the repeal that they favored was defeated in the Senate. The big boys don't always get what they want, especially when the focus of the media puts the issue out in the open.
There are in lobbying, as in other enterprises, noble and degraded examples. So you have the Children's Defense Fund pushing for an expansion (http://www.cdfactioncouncil.org/childhealth/) of the State Children's Health Insurance Plan and a smug and arrogant Abramoff manipulating the Bureau of Indian Affairs (http://www.usatoday.com/news/washington/2006-01-30-tribes-giving_x.htm) on behalf of his well-heeled clients.
Both are lobbying. Even so, it would be as unfair to assume that all lobbyists are like Jack Abramoff as it would be to liken all physicians to Jack Kevorkian.
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Rayyan
01-07 11:07 AM
Pathetic!!!!!!!!!!
--------------------------------------------------------------------------------
For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
I just have on word for all you
PATHETIC!!!!!!!!!!
Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)
__________________
--------------------------------------------------------------------------------
For all the people on this forum rather on this topic, who think that they are human , professionals, broad-minded ,highly educated .
I just have on word for all you
PATHETIC!!!!!!!!!!
Now before you all start hammering me , I don't belong to any religion, I am a HUMAN BEing unlike you all (inculding new_refugee)
__________________
more...
immique
07-14 11:07 PM
I think EB3 India may be the unintended beneficiary of the appropriate interpretation of the spill over of visa into retrogressed EB2 countries. I suspect that once EB2 India and China are current, the remaining visas will spill over into EB3. Thay do NOT spill over into EB3 ROW only but will spill over into EB3 as a whole. the reason for this is as both EB3 ROW and EB3 India are retrogressed, both these categories will advance equally as EB2 I and EB2 China are doing currently. I strongly think this will be the likely outcome next year and so EB3 India should see the PD movement approximately the same as EB3 ROW- but this will happen only when EB2 is current and the spill over reaches EB3 (this will likely happen in the final quarter of 2009)
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
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texcan
08-06 04:42 PM
The Seven Dwarfs are on a vacation in Europe and receive an audience with the Pope.
As the oldest, Dopey serves as spokesman for his mates.
Standing before the Pope, Dopey asks, "Your excellency, are there any dwarf
nuns in Vatican City?"
The Pope thinks for a moment and says, "No, Dopey, there are no dwarf nuns
in Vatican City."
This makes the other six dwarfs snicker.
Dopey then asks, "Mr. Pope, are there any dwarf nuns in Europe?"
"No," the Pope responds. "There are no dwarf nuns in Europe."
Hearing this, the other six dwarfs fall to the floor, laughing and howling.
Dopey looks at the Pope and says, "Sir, are there any dwarf nuns in the
world?"
"No, my son," the Pope says. "There are no dwarf nuns anywhere in the
world."
With this, the other six dwarfs began chanting, "Dopey made love to a
penguin! Dopey made love to a penguin!"
As the oldest, Dopey serves as spokesman for his mates.
Standing before the Pope, Dopey asks, "Your excellency, are there any dwarf
nuns in Vatican City?"
The Pope thinks for a moment and says, "No, Dopey, there are no dwarf nuns
in Vatican City."
This makes the other six dwarfs snicker.
Dopey then asks, "Mr. Pope, are there any dwarf nuns in Europe?"
"No," the Pope responds. "There are no dwarf nuns in Europe."
Hearing this, the other six dwarfs fall to the floor, laughing and howling.
Dopey looks at the Pope and says, "Sir, are there any dwarf nuns in the
world?"
"No, my son," the Pope says. "There are no dwarf nuns anywhere in the
world."
With this, the other six dwarfs began chanting, "Dopey made love to a
penguin! Dopey made love to a penguin!"
more...
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kart2007
05-15 10:11 AM
Its sad but true that Indian companies liek Infosys and TCS are in fact abusing the VISA system. I know a lot of my Indian friends who have recently come from India and are working ata really paltry salary.
Moreover I think L1 is worse as there are no wage limits for L1 as opposed to H1 (I may be wrong).
Its sad that thing is happening, but its true.
Moreover I think L1 is worse as there are no wage limits for L1 as opposed to H1 (I may be wrong).
Its sad that thing is happening, but its true.
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eb2_hope
08-26 10:01 PM
Couldn't resist writing this one...for all of us with older priority date
Jaane woh kaise log the jinke
485 ko approval mila
hamne to jab bhi call kiya
humko RD/ND/PD ka jaal mila
Still praying ..
PD Dec 2004
& then on a lighter note...mera number kab aayega
Hamko bhi to lift kara de ..thodi si to lift kara de..
kase kason ko diya hai..jaise taise ko diya hai
Hamko bhi to lift kara de ..thodi si to lift kara de..
Jaane woh kaise log the jinke
485 ko approval mila
hamne to jab bhi call kiya
humko RD/ND/PD ka jaal mila
Still praying ..
PD Dec 2004
& then on a lighter note...mera number kab aayega
Hamko bhi to lift kara de ..thodi si to lift kara de..
kase kason ko diya hai..jaise taise ko diya hai
Hamko bhi to lift kara de ..thodi si to lift kara de..
more...
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chintu25
08-28 09:42 AM
Two immigrants have just arrived in the United States and one says to the other, I hear that the people of this country actually eat dogs.�
�That�s odd,� her companion replies, �but if we are going to live in America, we might as well do as the Americans do.�
Nodding emphatically, one of the immigrants points to a hot dog vendor, and they both walk toward the cart. �Two dogs, please,� she says.
The vendor is only too pleased to oblige, wraps both hot dogs in foil and hands them over the counter. Excited, the companions hurry to a bench and begin to unwrap their �dogs.�
One of them opens the foil and begins to blush. Staring at it for a moment, she turns to her friend and whispers cautiously, �What part did you get?�
;)
�That�s odd,� her companion replies, �but if we are going to live in America, we might as well do as the Americans do.�
Nodding emphatically, one of the immigrants points to a hot dog vendor, and they both walk toward the cart. �Two dogs, please,� she says.
The vendor is only too pleased to oblige, wraps both hot dogs in foil and hands them over the counter. Excited, the companions hurry to a bench and begin to unwrap their �dogs.�
One of them opens the foil and begins to blush. Staring at it for a moment, she turns to her friend and whispers cautiously, �What part did you get?�
;)
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Macaca
02-27 08:14 AM
A Republican Purge on K? (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html)
John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.
But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.
John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.
But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.
more...
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Dhundhun
07-14 06:14 AM
This letter is NOT good for the community. PERIOD.
I agree with your comment. I read through various posting and rational behind that. This EB2/EB3 stuff has revived memories of worst times. And clearly I remember two other unofficial catagories.
Delayed: I see people at least got EB3 catagory. Several people were delayed by employer for couple of years and then by lawyers (I am one of victim).
Returned: Several guys returned back, they could have easily been in various EBs catagories.
Do you guys think delayed and returned should also rise up in addition to EB3? Or let these groups be perished in times.
I agree with your comment. I read through various posting and rational behind that. This EB2/EB3 stuff has revived memories of worst times. And clearly I remember two other unofficial catagories.
Delayed: I see people at least got EB3 catagory. Several people were delayed by employer for couple of years and then by lawyers (I am one of victim).
Returned: Several guys returned back, they could have easily been in various EBs catagories.
Do you guys think delayed and returned should also rise up in addition to EB3? Or let these groups be perished in times.
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pani_6
07-14 06:37 PM
We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...
God bless us all!
I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information
God bless us all!
I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information
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willwin
07-13 12:38 PM
Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.
I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.
Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!
I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.
Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!
desi3933
07-11 10:33 AM
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.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
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.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
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 PREVIOUS 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??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
________________________
Not a legal advice.
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.
Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.
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.
I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.
If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.
[COLOR="Red"]
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 PREVIOUS 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??
1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?
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Not a legal advice.
i_have_a_dream
08-09 04:33 PM
UN, thanks for the time you spend giving us your educated advice.
I would greatly appreciate a response on my situation.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
I would greatly appreciate a response on my situation.
I currently work in a big IT consulting firm (company A) thru H1. My uncle owns a very small (less than 100 ppl) consulting shop (company B). I want to join his company, but i dont want to transfer my h1 since B is small and there is lot more job stability in company A. S i want to go through the route of future employment.
I will be joining company B in the same job desc as im working in company A. As it looks right now, I might have to take a small cut in salary to join company B, however im sure that salary difference will be a lot more once it gets to the 485 stages.
What do you think are the risks as compared to having a GC sponsored through a company where u already hold a H1? I understand that my intention to join might become an issue because of the salary issue, but wouldn't that be the case even if i filed for Company A, since company A would file a LC based on current wage and by the time of 485, I will be making a lot more.
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