abracadabra102
07-14 07:28 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!
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
God bless us all!
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
wallpaper Whibley and Lavigne have
lfwf
08-05 07:12 PM
Good points below.
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting
Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.
EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.
Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...
Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.
Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?
No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.
By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.
Go ahead, file a lawsuit. Tell us which case will be hearing it and give us the case number. I WILL PERSONALLY MAKE SURE THAT THE JUDGE ASKS FOR YOUR IMMIGRATION FILE AND CONDUCT A PRIMA FACIE INQUIRY INTO THE BASIS OF YOUR PRIMARY PETITION, INCLUDING ALL ASPECTS LIKE ADVERTISEMENT, NUMBER OF RESUMES RECEIVED, etc.. I WILL FILE A PETITION WITH THE JUDGE TO HAVE ANOTHER ADVERTISEMENT POSTED, THIS TIME, WITH RESPONSES TO BE EXAMINED BY THE JUDGE and NOT YOUR FAVORITE IMMIGRATION ATTORNEY. SERIOUSLY. BRING IT ON. WE SHOULD RESPOND TO YOU IN COURT. WHETHER CIVIL OR IMMIGRATION.
You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.
Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D
OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting
gaz
01-10 06:48 AM
Killing of innocents is always terrible. Even more so when it is children.
Hamas has been holding Palestinians hostage - and now Israel, the cop, doesn't care if the hostage is affected in the fight.
Israel is fully justified in defending its people, but should at least spare shooting independent parties like the Red Cross etc who are
helping the wounded in Gaza.
"when Elephants fight, its the grass that suffers."
I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.
Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.
Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.
When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.
So collateral is always in play.
:D
Hamas has been holding Palestinians hostage - and now Israel, the cop, doesn't care if the hostage is affected in the fight.
Israel is fully justified in defending its people, but should at least spare shooting independent parties like the Red Cross etc who are
helping the wounded in Gaza.
"when Elephants fight, its the grass that suffers."
I am not sure why Islamic Fanatics become victims when they are attacked. Israel is 101% right in defending their territory from Palestine terror attacks. My home country is gonig through the same problem but my government won't do anything.
Similar example of Pakistan becoming a victim of terror when actually it is a factory of terror and 100% of it s population supports terror in one form or another.
Don't fire rockets if u fear trouble. Civilized world ( US,UK.Israel,India) need to come together and get a gameplan to weed out this trouble.
When those terrorists kill innocents, Islamic fanatics go silent. They only wake up when their terrorist brothers are killed.
So collateral is always in play.
:D
2011 May 8th, 2007 at 09:14pm
javadeveloper
08-02 12:35 PM
245k and 245i are two different things.
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
Thanks UN
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
Thanks UN
more...
Refugee_New
01-06 06:00 PM
Are they poor? I doubt, this is luxury!
"... at least two of his four wives, as well as several of his children ...
Mr Rayyan, a professor of Islamic law, .... his five-storey home ... He had been an advocate of men having up to four wives and as many children as possible,...
He had vowed that Hamas would go on to seize control of the West Bank from Fatah, as it had done with Gaza in a week of street battles in June 2007. He accused the Western-backed Fatah leadership of Mahmoud Abbas, the Palestinian President, of collaborating with Israel, a charge that normally means execution in Hamas's rough justice
...
http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece
I am not talking about who is right and who is wrong. What i am saying is "whole world is watching while genocide happens in palestine". thats it.
See when Georgia attacked its neighboring state, Russia came for its rescue. Every nation, every leader condemn the Russian aggression against Georgia. I don't know who is right and who is wrong. But all the world leaders urged the killer to stop killing.
Thats not happening in this case. When UN try to bring a resolution on cease-fire, so called peace loving leader veto it. What does it mean? Doesn't it mean its a green signal for killing and murdering?
"... at least two of his four wives, as well as several of his children ...
Mr Rayyan, a professor of Islamic law, .... his five-storey home ... He had been an advocate of men having up to four wives and as many children as possible,...
He had vowed that Hamas would go on to seize control of the West Bank from Fatah, as it had done with Gaza in a week of street battles in June 2007. He accused the Western-backed Fatah leadership of Mahmoud Abbas, the Palestinian President, of collaborating with Israel, a charge that normally means execution in Hamas's rough justice
...
http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece
I am not talking about who is right and who is wrong. What i am saying is "whole world is watching while genocide happens in palestine". thats it.
See when Georgia attacked its neighboring state, Russia came for its rescue. Every nation, every leader condemn the Russian aggression against Georgia. I don't know who is right and who is wrong. But all the world leaders urged the killer to stop killing.
Thats not happening in this case. When UN try to bring a resolution on cease-fire, so called peace loving leader veto it. What does it mean? Doesn't it mean its a green signal for killing and murdering?
DSJ
05-17 03:01 PM
You said it.
Consulting requires ability to learn quickly and ability analyzie the problem quickly and honestly consulting is not a profession for every one.
Consulting requires ability to learn quickly and ability analyzie the problem quickly and honestly consulting is not a profession for every one.
more...
walking_dude
09-29 03:47 PM
Please read my post. I wrote 'contribute' and not vote! I know LPRs cannot vote, but they can certainly contribute to election campaigns. Assuming USCIS uses even 100,000 of available visas and taking the conservative estimate of 50,000 (50%) of them to be adults, there will be at least 200,000 new EB LPRs between now and 2012. These EB immigrants can definitely help shape the future of their future country of citizenship through their contributions.
And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?
I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.
I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
And why should I pray? If this country doesn't need me, I'll move over to some other that better respects me. And whom should I pray for? Mcain - author of CIR 2007 -who doesn't care either way?
I would rather have Durbin send me back in a year rather than have McCain waste 4 more years trying to sell CIR to extreme right-wing-nuts who form the base of Repub party,and Hispanic voters. And get the resulting medley passed through a Dem congress. It will be another repeatition of CIR 2007, which was incidently authored by McCain.
I would rather have the issue resolved one-way or another fast in a year or two rather than waste 4 more years for something which I might never see in this life.
And you think majority of those ppl will get Voting rights by 2012....forget it...Most of the ppl here are lucky to get tehir GreeN Card by 2012....
There is no reasoin for him to pander future voters......He will be most likely agnostic to EB issues, however, as noted..if Durbin is his Immigration advisor..then we are toast...so pray for the best...
2010 Rec#39;d at NSC: 9/29/2010
nojoke
01-03 04:05 PM
You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.
What apology?
I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.
If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...
If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.
Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.
What apology?
I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.
If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...
If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.
more...
NKR
08-05 04:21 PM
I am not taking sides here, but it is not a question of "smarter". I have a simple question. Do years spent doing MS/PhD have no value? They count for nothing in PD. On the other hand a person with a BS accumulates 5 years in the same time and ports. Now he/she is a full 5 years ahead of the one that pursued the education route. Fair?
I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.
I think it is all subjective. You ask �Do years spent doing MS/Phd have no value?�. A person who has 5+ years experience will ask �Do years spent working have no value?�.
Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say � No dude, I did not have money, I worked for 2 years and then got into MS�, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
I don't think that porting is all fair. Just MHO that the 5 year experience rule negates all efforts in getting a masters degree/PhD and puts those people at a huge disadvantage. The system tried to make up for that by creating preference categories. Not that they work perfectly of course as many of you have pointed out.
I think it is all subjective. You ask �Do years spent doing MS/Phd have no value?�. A person who has 5+ years experience will ask �Do years spent working have no value?�.
Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.
Now you might say � No dude, I did not have money, I worked for 2 years and then got into MS�, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.
I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.
hair Posted in Avril Lavigne,
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...
rsdang
08-29 10:58 AM
:D We've all been there, but don't like to admit it. We've all kicked
back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
inevitable.
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
************************************************** ******************
SOME VARIETIES~
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
poop.
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
back in our cubicles and suddenly felt something brewing down below. As
much as we try to convince ourselves otherwise, the WORK POOP is
inevitable.
For those who hate pooping at work, following is the Survival Guide
for Taking a dump at work.
*CROP DUSTING* - When farting, you walk really fast around the
office so the smell is not in your area and everyone else gets a whiff, but no
one knows where it came from. Be careful when you do this. Do not stop
until the full fart has been expelled. Walk an extra 30 feet to make sure
the smell has left your pants.
*FLY BY* - The act of scouting out a bathroom before pooping. Walk
in and check for other poopers. If there are others in the bathroom,
leave and come back again. Be careful not to become a FREQUENT FLYER.
People may become suspicious if they catch you constantly going into the bathroom.
*ESCAPEE* - A fart that slips out while taking a pee or forcing a
poop in a stall. This is usually accompanied by a sudden wave of
embarrassment. If you release an escapee, do not acknowledge it.
Pretend it did not happen. If you are a man and are standing next to the farter in the urinal,
pretend you did not hear it. No one likes an escapee. It is uncomfortable for all involved.
Making a joke or laughing makes both parties feel uneasy.
*JAILBREAK*- When forcing a poop, several farts slip out at a machine
gun pace. This is usually a side effect of diarrhea or a hangover.
If this should happen, do not panic. Remain in the stall until everyone has
left the bathroom to spare everyone the awkwardness of what just occurred.
*COURTESY FLUSH* - The act of flushing the toilet the instant the
poop hits the water. This reduces the amount of air time the poop has to
stink up the bathroom. This can help you avoid being caught doing the
WALK OF SHAME.
*WALK OF SHAME* - Walking from the stall-to the sink-to the door
after you have just stunk up the bathroom. This can be a very uncomfortable
moment if someone walks in and busts you. As with farts, it is best to
pretend that the smell does not exist.--Can be avoided with the use of
the COURTESY FLUSH.
*OUT OF THE CLOSET POOPER* - A colleague who poops at work and is
Dog-gone proud of it. You will often see an Out-Of-The-Closet Pooper
enter the bathroom with a newspaper or magazine under their arm.
Always look around the office for the Out-Of- The-Closet Pooper before
entering the bathroom.
*THE POOPING FRIENDS NETWORK (P.F.N)* A group of co-workers who band
together to ensure emergency pooping goes off without incident. This
group can help you to monitor the whereabouts of Out-Of-The-Closet
Poopers and identify SAFE HAVENS.
*SAFE HAVENS* A seldom-used bathroom somewhere in t he building
where you can least expect visitors. Try floors that are predominantly of
the opposite sex. This will reduce the odds of a pooper of your sex
entering the bathroom.
*TURD BURGLAR* - Someone who does not realize that you are in the
stall and tries to force the door open. This is one of the most shocking
and vulnerable moments that can occur when taking a poop at work. If
this occurs, remain in the stall until the Turd Burglar leaves. This way
you will avoid all uncomfortable eye contact.
*CAMO-COUGH* A phony cough that alerts all new entrants into the
bathroom that you are in a stall. This can be used to cover-up a
WATERMELON, or to alert potential *Turd Burglars* - Very effective when used in conjunction with a
SHIRLEY TEMPLE .
*SHIRLEY TEMPLE* - A subtle toe-tapping that is used to alert
potential Turd Burglars that you are occupying a stall. This will remove all
doubt that the stall is occupied. If you hea r a SHIRLEY TEMPLE, leave the
bathroom immediately so the pooper can poop in peace.
*WATERMELON* - A poop that creates a loud splash when hitting the
toilet water. This is also an embarrassing incident. If you feel a
Watermelon coming on, create a diversion. See CAMO-COUGH.
*HAVANAOMELET* - A case of diarrhea that creates a series of loud
splashes in the toilet water--often accompanied by an Escapee. Try
using a CAMO-COUGH with a SHIRLEY TEMPLE.
*AUNT BETTY* - A bathroom user who seems to linger around
forever...Could spend extended lengths of time in front of the
mirror or sitting on the pot.
An AUNT BETTY makes it difficult to relax while on the crapper, as
you should always wait to poop when the bathroom is empty. This benefits
you as well as the other bathroom attendees
************************************************** ******************
SOME VARIETIES~
*The King Poop* - This kind is the kind of poop that killed Elvis.
It doesn't come until you're all sweaty, trembling and purple from
straining so hard.
*Bali Belly Poop* - You poop so much you lose 5 lbs.
*Cement Block* - You wish you'd gotten a spinal block before you
poop.
*Cork Poop* - (Also Known as Floater Poop) = Even after the third
flush, it's still floating in there. How do I get rid of it? This poop
usually happens at someone else's house.
*The Bungee Poop* - The kind of poop that just hangs off your rear
before it falls into the water.
*The Crippler* - The kind of poop where you have to sit on the
toilet so long your legs go numb from the waist down.
*The Chitty Chitty Bang Bang* - The kind of poop that hits you when
you're trapped in your car in a traffic jam.
*The Party Pooper* - The giant poop you take at a party and, when
you flush the toilet, you watch in horror as the water starts to rise.
hot Avril Lavigne Live In HK 2007
rajuram
07-13 02:35 PM
Lets not worry too much about the contents of the letter. The purpose is getting their attention and also to show how many people are affected. EB3s please write this letter, ask your friends, family etc...
Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
Subcommittee on Immigration, Citizenship, Refugees, Border Security
and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)
Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
Subcommittee on Immigration, Citizenship, Refugees, Border Security
and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)
more...
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desi3933
08-06 10:47 AM
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
....
.....
Just FYI..
One can NOT claim PD recapture based on spouse's earlier PD.
Person can claim earlier PD only based on his/her earlier approved I-140.
______________________________
US Permanent Resident since 2002
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
....
.....
Just FYI..
One can NOT claim PD recapture based on spouse's earlier PD.
Person can claim earlier PD only based on his/her earlier approved I-140.
______________________________
US Permanent Resident since 2002
tattoo 2007
gcgreen
08-06 12:59 PM
Same as you, I saw your post and couldn't help responding :-)
For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)
But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.
Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.
Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.
What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)
But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.
Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.
Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.
What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.
I agree with "singhsa".
I was reading through this thread and couldn't help replying.
Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.
Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.
Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
EB3 means there are a lot like u, so u gotta wait more. Period.
more...
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unseenguy
06-12 12:50 AM
I am in SF Bay area.
I would say WAIT and prices will become affordable here as well.
People who bought these 700K+ houses were not necessarily richer than you and me.
ARMs with low or zero down payments did the trick.
Save for the down payment and wait. You will get a good house at affordable price in 1-2 years.
California is going to be bankrupt soon. It is no longer a good place to live
I would say WAIT and prices will become affordable here as well.
People who bought these 700K+ houses were not necessarily richer than you and me.
ARMs with low or zero down payments did the trick.
Save for the down payment and wait. You will get a good house at affordable price in 1-2 years.
California is going to be bankrupt soon. It is no longer a good place to live
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sledge_hammer
03-24 07:54 AM
Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.
A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.
There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.
Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.
Right now;
VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?
They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.
It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.
They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).
USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.
People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.
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Ramba
09-28 01:50 PM
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
Right. CIR (amnesty bill) is a gimmick to win vote bank. Mcain drafted in 2007 in view of winning hispanic bank in his prez bid. Recently he flip floped to concervatives that enforcement is first. Though BO has reservation about EB/H1B/oursourcing, he is right and has right judgement. If unemployment reaches historically high, how one can expect they will increase the foreign workers? They are elected by USC not by H1Bs or GCs os AOS guys. If economy bounces back, if more jobs are created, if market needs more workforce then they (Mcain or BO) will increase H1/EB etc. Otherwise, they (either BO or Mcain) wont touch the immigration that increses foreign worker.
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
Right. CIR (amnesty bill) is a gimmick to win vote bank. Mcain drafted in 2007 in view of winning hispanic bank in his prez bid. Recently he flip floped to concervatives that enforcement is first. Though BO has reservation about EB/H1B/oursourcing, he is right and has right judgement. If unemployment reaches historically high, how one can expect they will increase the foreign workers? They are elected by USC not by H1Bs or GCs os AOS guys. If economy bounces back, if more jobs are created, if market needs more workforce then they (Mcain or BO) will increase H1/EB etc. Otherwise, they (either BO or Mcain) wont touch the immigration that increses foreign worker.
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validIV
06-26 10:32 AM
I have only one sentence to say ..watch the movie "pacific heights" ..I was watching it now and that is a perfect movie for those who intend to rent their homes.
LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.
Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.
If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.
Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.
If you spend the rest of your life renting, the risk is 100%�you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.
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unitednations
03-25 12:41 PM
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
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."
Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.
unitednations
03-26 02:32 AM
http://immigrationvoice.org/media/forums/iv/temp/forum_attach/temporaryjob140denial.pdf
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
The above link is one of those 35 straight denial decisions due to temporary job issue in 140.
It was from california service center. I do know of another pretty large company which same thing happened to.
However; this issue was confined to california service center and I have not seen it since.
CreatedToday
01-06 04:31 PM
If this senior Hamas leader could send his son as a suicide bomber to kill innocent civilians in Israel, what stops him from using others' kids as shield?
:confused:
http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece
If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.
:confused:
http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece
If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.
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