Thursday, August 11, 2011

miss you cakes

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  • kshitijnt
    03-29 06:06 PM
    I just look at this pool and surprised that Advani is running so hot in the pool. I am from Gujarat and I can tell that advani will be worst as PM. when given a Chance in BJP ministry he had worst performance as Home minister. I think he had not managed anything in his life and after his rise in BJP, BJP lost his charm.

    I think some one with good management skill like MMohan, MODI, Chidambaram etc are lot more sutiabel than Advani.

    Advani should retire from politics before even Bajpai. Even lalu will be better as PM than Advani looking to how advani managed Home Ministry and how Lalu Managed Railway.

    Thank you for your personal opinion. India was doing well when Vajpayee was PM. He is not some management honcho. It is a vision of the person that is more important. Manmohan is a learned man and has provided country with real good service but real power rests with Sonia and her son Rahul.

    Hence. Its a question of ideology in the long run and given my background, BJP govt suits me better than Congress. So I prefer Advani over Sonia.





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  • snathan
    08-16 11:28 AM
    I never worship any actor. But now I dont even have any respect for this stupid SRK. If he doesnt like to step on american soil again, I am very glad. This moron thinks american economy will plunge into recession again if he is not coming to america. Atleast salman kahn makes some sensible comment.





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  • kittu1991
    05-01 03:06 PM
    When did Srilankan Tamilians become Indian citizens??? also India should make sure that terrorists organisation like LTTE is wiped out from the face of earth weather its in Srilanka, Afganistan or Pakistan... gone are the days when these thugs where called 'freedom fighters' .. they are a terrorist organisation and should be treated in that manner.

    Exactly...





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  • amoljak
    05-10 04:52 PM
    I partly agree with you. But Employer petition is not the right answer to points based system. A fair way would be to keep employer based system of H1B (with portability) as an entry point in the country and criteria to stay. But allow self petition after say X years (4 maybe) of continuous employment at wages higher than prevailing wages and in your area of expertise. In that case Labor cert can also be eliminated because if you have continuous employment for 4 years, the business definitely needs you.

    So the process can be:
    May 2006: Come here on H1B
    May 2006 - May 2010: Work at wages greater than prevailing wage may be 10% higher
    June 2010 - Submit your W2s, paystubs, Tax returns, Application for Green card
    July 2010 - Get green card and enjoy :)



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  • paskal
    07-17 12:58 PM
    Is it accurate to say that new way of allocating spill over visas effectively acheive same effect as eliminiating country limits?

    this is not correct. ROW continues to get preference.
    what has changed is that for a while USCIS chose to interpret the law in a way that gave EB2 GC numbers (the law mandated 28.6%) to EB3 ROW rather than spill them over the EB2 I/C. now they have corrected that and EB2 numbers (which include any spillover from EB1) are first used in EB2 ie category numbers are given priority.

    so the bonus advantage that EB3 ROW got for 1-2 years has been withdrawn. however with EB3 retrogressed and with EB2 I/C retrogressed, EB3 ROW continues to get all EB3 numbers except the 7% each for the retrogressed nation states.

    i would also like to know where the 20K number is coming from if anyone has a source please share it.





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  • cthd
    07-30 01:56 AM
    Everytime I visit walmart @ mountain view, can find a guy asking direction to nearest Home Depot. Everytime i come across him, he asks me the same question.

    I am planning to carry google maps print out next time I go there.



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  • gc_on_demand
    01-13 07:26 PM
    USCIS - Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)





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  • canant
    01-14 09:49 PM
    Does this effect on POE for existing valid H1b visa for going and coming back to US ?



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  • bitu72
    10-03 04:27 PM
    I plan to do it Myself, need some help & suggestion

    1. Do we need get our education evaluation done, i am from india with Bsc +Msc(physic) +PGDCA.Will they

    consider degree from India as valid with any evaluations.

    2.For experience what i plan to do is give notarized copies of experience letter,paystubbs. Probably lot

    of paystubs so that it looks complete, appointment letter, W2 forms.

    3. Bank statements

    4.Mariage certificate + Birth related documents (notarized)

    5. IF some of you can share some Formats which you guys have used to write letter to CIC so that you
    get waivered of you English test.





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  • santb1975
    09-23 11:20 AM
    Let's do it



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  • thepaew
    12-13 04:49 PM
    Last I checked, the US was a sovereign country and is not under the jurisdiction of any international court. It is not even a member of the ICJ and this issue is not covered under WTO. Good Luck. :-)

    Yes, we should explore this more

    1) Whether we can really challenge this into US SC within US Constitutional
    framework?

    2) Whether we can really challenge this into International Courts?





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  • Caliber
    09-04 12:11 PM
    It is a shame for IV.

    You have 352 posts and not one dollar contribution. Are you talking about shame on IV?



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  • bobzibub
    07-12 10:35 AM
    No professional foot ball team? Excuse me? http://www.cfl.ca/
    Go BC Lions!

    btw, I got this propaganda from the ruling party from back in British Columbia:
    Large Surplus Builds Hospitals, Schools and Roads
    July 11, 2007

    B.C.'s Fiscal Year End Highlights:

    Record budget surplus of $4.1 billion at fiscal year end allows for investments across B.C.
    * Record $3.4 billion invested in building and upgrading schools, universities, colleges, hospitals, roads and bridges to improve services and meet the needs of a growing economy.
    * $1 billion allocated to reducing B.C.'s total debt.
    * B.C.'s economic growth, at 3.6% of real GDP, was second-highest in Canada and above the national average of 2.7%.
    * Business investment grew by 9.5% and consumer spending, which accounts for about two-thirds of all economic activity in the province, grew by 5.3% in 2006.
    * Third consecutive year B.C.'s Public Accounts received a clean audit opinion from the Office of the Auditor General.
    *
    VICTORIA � The BC Liberal government finished its fiscal year with a significant surplus, which helped fund a record investment in public infrastructure and lowered British Columbia�s debt, Finance Minister Carole Taylor announced with the release of the 2006/07 Public Accounts.

    The audited financial statements show the Province of British Columbia ended the fiscal year with a surplus of $4.1 billion. The surplus, along with a drawdown of cash balances, allowed the Province to reduce debt by $1 billion and finance a record $3.4 billion investment in building and upgrading schools, universities, colleges, hospitals, roads and bridges to improve services and meet the needs of a growing economy.

    �A big surplus means a big investment in our future,� said Taylor. �We are building health care facilities to meet the needs of an aging population, we are upgrading transportation networks to keep our economy moving, and we are expanding post-secondary spaces for our youth. Our surplus allows us to do this and still reduce B.C.�s debt.�

    Taxpayer-supported capital spending increased to $3.4 billion in 2006/07, up $265 million compared to $3.1 billion in 2005/06. Over the past three years, the Province has delivered $8.8 billion in taxpayer-supported capital spending while simultaneously reducing debt.

    �In 2006, the budget planned for debt to grow by $1.7 billion to help finance public building projects,� said Taylor. �Fortunately, we were able to use the larger-than-forecast surplus to both pay for these projects and pay down debt by $1 billion. Building our province and reducing debt are investments that will generate benefits for years to come.�

    This is the third consecutive year the Public Accounts received a clean audit opinion from the Office of the Auditor General. The Public Accounts meet the standards of Generally Accepted Accounting Principles and fully consolidate information from school districts, universities, colleges and health authorities (SUCH sector) in the province�s reporting systems.

    In addition to the Public Accounts, the Province also released its Ministerial Accountability Report, government's annual strategic plan report, and annual service plan reports for ministries and government agencies. The Ministerial Accountability Report details the fiscal and other accountability targets ministers have achieved. Service plan reports summarize the progress of individual ministries and agencies, as well as the government as a whole, in meeting the performance targets laid out at the beginning of each fiscal year.





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  • alterego
    07-24 03:27 AM
    For USCIS, 2007 was "let's reduce some backlog in EB3-category" year.
    It looks like 2008 is " let's reduce some backlog in EB2-category" year.
    On both occassions they hid their plans in right in front of us, and said "gotcha" to every one- AILA, IV prognosticators and Ron Gotchers of this world.

    I doubt USCIS will openly Re-revise the horizontal spill over policy. If they do that they may be challenged again forcing them to Re-Re-revise which will make them look even more stupider than they do now.

    There are other means by which USCIS can deliver justice- mafia style- but within the current law. They need additional help from DOS,DOL, etc.

    examples- (1) Generally sit on EB-2 adjudications, delay them and say there are unused EB2 numbers and allow them to spill over to EB-3

    (2) Clamp down even further on PERM - stretch it from 8 months to 36 months for every applicant including EB2-ROW, make even more unused numbers available to clear backlogs.


    p.s
    I do not harbor any ill-will towards ROW or any other category. I honestly think above things are possible. :)

    Not only is that possible, but they are probably likely to do so. PERM adjudications have already slowed down. 140 PP has been all but squashed and 485 adjudications appear random. So your points are well taken.



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  • spdy_mn
    06-27 01:08 PM
    Guys, we will know the exact truth in 3 weeks. Until then we have to do what we can do and not worry about things that are not in our control.

    I know it is easy to say and tough to do but what other option do we have ??





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  • samay
    07-14 06:51 AM
    How should one answer Immigration Officer at POE "Are you working for your GC sponsoring Employer?" in case one has used AC-21 and moved to a same or similar job position in other company.

    It is best to carry your AC21 paperwork and tell them that you have invoked AC-21.



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  • apnair2002
    04-29 09:23 AM
    04/29/2007: Elimination of Substitution of Aliens for the Certified Labor Certification Applications

    As we stated earlier, the OMB had 90 days to make a decision on this DOL Final Rule. It was submitted on 01/26/2007 and the OMB cleared on 04/27/2007, just immediately prior to expiration of 90 days.
    This final rule will not go into effect until it is published by the DOL in the federal register. Record reflects that this final rule will not be published in the federal register, Monday, 04/30/2007. We have yet to see what changes to the proposed version of the rule the DOL made in the final rule. However, it is certain that this rule will not go into effect on Monday, 04/30/2007, and there may still be some actions the employers can make before it is published in the federal register.
    Pending Labor Certification Cases: PERM rule does not allow any amendments and no substitution of alien beneficiary available until the PERM application is certified. By the time PERM is approved, it may be too late to initiate the substitution. However, the cases which are pending at the BECs are different. The beneficiaries can be substituted inasmuch as the job order and the BEC supervised recruitment has yet to be initiated. At this time, the amendment of the BEC application does not require a paper request and e-mail or even phone call request followed by fax will work to substitute the alien. Under the final rule which will go into effect soon, the labor certification applications at the stage of DOL can survive only if the substitution has been approved at the time of release of the final rule. Accordingly, the employers can contact the BECs tomorrow, Monday, to amend the pending ETA 705 and alien beneficiary over the phone, via e-mail, followed by the phone calls and fax or straightforwardedly via fax. CAVEAT: If substitution is denied and original beneficiary ETA 750 is denied for the reason that there is no beneficiary, the employer can lose everything!!
    Certified Labor Certification Cases: These cases will not be able to survive unless the I-140 petition is quickly filed on Monday substituting the alien beneficiary. The earliest filing date will be "Tuesday" since overnight delivery has to reach the Service Centers. Still worth trying. Once it is "filed," it will be safe. There remain a host of issues which will have to be resolved by the USCIS as to the consequences of the denial of these substitution I-140 petitions on issues other than alien beneficiaries qualifications such as the employer's financial ability to pay the proffered wage, etc. Obviously, the denial becomes a "final" action, the cases on appeal to the AAO will continue to remain outside the parameter of the elimination rule. Another question is the effect of motion to reopen of denial of substitution I-140 petitions. There is some chance that the USCIS may decide that once the motion is granted and I-140 petition is approved, the DOL's final rule of elimination of substitution will not affect the case. What if the employer refiles the substitution I-140 petitions? The chances of these cases will remail slim or nil. Since it will be considred a "new" filing of substitution I-140 petition, the USCIS may rule that such filing will be subject to the DOL's substitution elimination final rule. There will be other issues which fall under the jurisdiction of the USCIS rather than DOL as related to the interpretation of the substitution I-140 petitions. The USCIS is scheduled to initiate this rule making process sooner or later. Please stay tuned.
    Impact on the Retention of Priority Date: The rule of retention of priority date is governed not by the DOL but by the USCIS. Under the USCIS rule, the priority date of the labor certification application is not retained until I-140 petition is "approved." Accordingly, if the decision of the denial of the substitution I-140 becomes final on appeal, the substituting alien will not be able to retain the priority. Neither the original beneficiary can retain the priority date unless the alien beneficiary substition I-140 petition was filed after the I-140 had been approved for the original beneficiary.
    Impact on the 7th-Year H-1B Extension: Until the substitution I-140 is denied and becomes final on appeal, the substitutiing alien will be able to continuously extend the H-1B status in one-year increment, but the substituted alien will not be able to extend the 7th-year H-1B status based on the substituted labor certification application. Once the decision of denial becomes final, the substituting alien will not be able to extend the H-1B status after that time, but the validity of the approved 7th-year H-1B status will remain valid until the expiration date.
    Impact on the 245(i) Benefits: Grandfathering of the 245(i) benefits cannot be transferred to other aliens and substituting aliens cannot take over the 245(i) benefits unless the substitution was filed before April 30, 2001. Once the grandfathering is attached, it remains valid unless "not approveable at the time of labor certification application filing" is found. Accordingly, the denial of substitution I-140 petition on behalf of the substituting alien will have no affect on the original beneficiary's retention of the 245(i) benefits.
    Well, let's wait and see the text of the soon-to-be published final rule.





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  • samay
    07-30 10:13 AM
    Dear Samay,

    Thanks for your quick reply.
    One more question, Can I apply for H1B Transfer while my H1B Extension already pending with USCIS and my I-94 also expired. (I have only my EAD and AP valid)

    Thank you so very much.

    Regards,
    Watzgc

    Yes you can.





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  • unitednations
    02-14 08:46 PM
    I'm sorry, I haven't monitored the web-site since my last posting.

    Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.

    However; today reality really hit me hard.

    One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).

    He was the one of the nicest guys I have talked to. Very courteous fellow.

    They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.

    She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.

    I need a couple of days to get over this.





    eb3India
    11-11 09:10 PM
    I completely agree that Substitute labor is being used is the wrong sense. My husband is now in his 7th year of H1B and I am still on H4.

    At the same time our friend who came in 2005 to USA through an Indian company joined Rapidigm in 2005, received a 1999 priority date Labor and received his Green card (& for his wife too) in 8 months time.

    This iextremely unfair means of acquiring GC and should be blocked legally.Meanwhile Rapidigm has been acquired by Fujitsu .

    simple question, given an opportunity, where someone offer you sub labour with PD prior to 2001 does any one here reject the offer, this is a classic story of "ship of crabs from ...."

    we have much bigger fish to fry than worry about few smart crabs getting out of ship.

    sub labour is not illegal nor it is a loop hole, itz a simple deal between employer and employee for their own benifit.

    letz focus our effort on making new congresss and senate understand our situation and provide some relife thru bills such as SKILL.





    sush
    07-10 12:42 PM
    excellent move.
    hope you well buddy.



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