Wednesday, June 29, 2011

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  • h1techSlave
    04-07 04:43 PM
    My arguments apply to people with a single home to worry about. People who want to move from apartment into a house of their own.

    Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)

    he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)




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  • thomachan72
    07-08 09:00 AM
    Having said that, dont forget to chose a lawyer who is noted to fight cases that are tough. Contact many lawyers including the murthy, rajeeve khanna etc etc. Evaluate what each of them say. Some will offer advice only after an initial siging of legal contract and paying the consultation fee, there are others who do the initial evaluation free of cost. Hope somebody in this forum with experience gives out the names of good lawyers for you in time.




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  • unitednations
    03-25 02:56 PM
    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D


    I know you are kidding; however, you only get selected for such positions as long as your idealogy is in line with what they want.




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  • TomPlate
    09-26 12:31 PM
    I like Mccain to be the president. Based on his experience and his involvement for the country.

    Also Mccain is a great candidate for us.



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  • gchopes
    06-06 11:06 PM
    Buying a house at or around the same rent and availing the 8K credit doesn't seem like a bad deal to me. GC or no..most have EAD (at least Jul 07 filers)..so if we lose our job we would be in a similar situation as a GC holder..having a form of work permit so employer doesnt have to sponsor us.

    Uncle Sam is never going to give u 8K in the next 10 years that we will be waiting for getting our GC. So buy now before the rates get back to 7-8%.




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  • Macaca
    12-30 07:26 PM
    Gay pride only goes so far in India
    'Queer' activists out and proud in Delhi and Mumbai have little connection with those forced to live in small-town secrecy (http://www.guardian.co.uk/commentisfree/2010/dec/30/gay-pride-india-queer-delhi-western)
    By Parvez Sharma | The Guardian

    I grew up in Saharanpur, a "small town" of 1 million people in India's most populous state, Uttar Pradesh. Saharanpur is very like the hundreds of other towns littering the vast plains of the region, and not notable for much except its mangoes and woodcarving industry.

    In the early 90s I was at a Catholic-run school in the town and had my first sexual experiences with another boy near the railway tracks. That's what my brother was alluding to when he phoned me a couple of nights ago with what he called "breaking news from our childhood".

    Under a headline saying "Gay party has been exposed", the local Hindi-language newspaper, Amar Ujala, had published a photograph of some 20 frightened-looking men sitting on the floor, many trying to conceal their faces with shawls and scarves.

    A series of bullet points beneath the photograph highlighted what the editors presumably thought were the most shocking aspects of the story: a doctor, MBA students and teachers were present; this "indecent" party was organised under the guise of a birthday party at a dharamshala (spiritual dwelling or sanctuary); and alcohol was served.

    The news item went on to name some of the men who were arrested; thankfully, all have fairly common first names, and their last names were not provided. However, the organiser of the party was identified as Bunty and the piece informed us that he runs a "beauty parlour" named after him. So, for anyone interested in following up the story with a spot of gay-bashing, the aforementioned Bunty should be easy enough to find.

    The English-language Times of India went further with its irresponsible reporting of the same story, mentioning the jobs and neighbourhoods of some of the men.

    The paper also chose to identify the host Bunty with his last name and gave the exact location of his beauty parlour. I read the rest of the piece in horror. The names of those arrested include both Hindus and Muslims (both religions have sizeable numbers in Saharanpur).

    The location of the dharamshala is just two miles from my old school, where I was mercilessly bullied for being too effeminate when I was a boy.

    There are quotes from the police officer who organised the raid, in which he talks about finding "used condoms" and guests in a "compromising position". Saharanpur is described as an "ultra-conservative" town and a college teacher called Ayub Qureshi is quoted expressing his indignation: "This is certainly unheard of in Saharanpur. I don't know where are we heading to."

    Thirteen men were arrested, though according to police the party was attended by more than 100. The arrests should be condemned. These "gay" men probably have nowhere else to meet and many perhaps still live with their families, where discussing their sexuality would not be an option.

    As I looked at the English-language news item, I noticed that one of the first comments comes from someone in the state of Haryana:

    "Dear sir, all these westurn gay thing is now allowed in our culture. v must stop these gay people from having sex because then they increase in population and soon our bautiful culture country will be full of them. police have done good job. kudos to them"

    The notion of homosexual activity being considered foreign � and often as specifically a western perversion � is an idea I came across before, when making my film, A Jihad for Love.

    Last month, out and proud gay men and women marched in Delhi's annual gay pride march. Many posed happily for the news cameras. Rainbow flags were in abundance, as was western terminology such as "gay", "queer" (even transcribed into Hindi on some signs) and "LGBTQ".

    As I looked at photos of the event taken by my Facebook friends, I realised that most came from middle- or upper-class families and would have a degree of ease with the English language. I have often wondered about the need to use western models of emancipation such as "gay pride" marches and rainbow banners in cultural contexts that are vastly different.

    While filming "gay" Muslims around the world, I realised that very often an absence of affirmative language for their sexual selves in their native tongues was what united them. I have always found the word "queer" problematic and find its use on signs in Hindi to be surprising at the very least.

    In so many countries, invisibility is the norm and the preferred option for those who have same-sex desires. I have no doubt that most of the men and women who were busy marching in Delhi waving their banners would not like to be seen at a downmarket venue like the dharamshala in Saharanpur and I am not even sure if many of these newly minted "queer" activists from India's big cities would find common cause with the small-town types arrested at this "gay party".

    India remains a land of some of the greatest dissonance in the world. A booming economy and the world's largest and probably most aspirational middle class, it still seems to be not completely at ease with the sexual freedoms that are usually touted as western.

    Just last year, the archaically worded anti-sodomy section 377 of the British-written penal code was successfully challenged in the Delhi high court. The vociferous activists in Delhi and Mumbai hope that the law will be repealed nationally, thus making homosexuality "legal" in the world's largest democracy. In the meantime, outdated laws written by colonisers with Victorian ideas of morality continue to be enforced in other parts of India.

    As I look at the picture of the frightened men in Saharanpur again, I wonder if I can recognise anyone from my school days. I wonder if Bunty or any of the other men would have wanted to attend the Delhi pride march. Would they understand what "queer" meant at all?



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  • Macaca
    01-31 09:28 AM
    His book explicitly quotes that H1b and L1 visa holders do not pay any taxes and transfer all the money home.

    1. Is it possible to post the above line (with page number) from his book?

    2. Please post other easily refutable lines (with page number) preferably related to H1B.

    3. How did he get the H1B numbers from USCIS? Why are they authentic?

    I want to see if the following is convincably doable. There is nothing else to do and I am sick of this crap. Thanks.


    In any case we should counter his BS with facts and send it to CNN.




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  • optimystic
    04-06 02:08 AM
    Excellent analysis Jung.lee

    Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti

    I couldn't control my laughter. You have a good sense of humor too

    Wow...do people wear lungi at home in winter !! May be in the temperate climates of bay area and further down in So Cal :)

    But up here in North Cal (Roseville), where quite a few times the lawns freeze during early winter mornings, I feel cold even with full length fleece pants inside my home!! :D . But anyway, that might just be my excuse to not wear a lungi :) ....Never liked wearing it when I was growing up as well...preferred pajamas !



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  • anjans
    07-14 03:38 PM
    Missed point: The job needs to need that progressive experience and should call out to say that your job needs BS+5yrs. if it did the lawyers should not file EB3




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  • pani_6
    07-14 06:37 PM
    We are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

    God bless us all!


    I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
    as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
    what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
    maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information



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  • retropain
    08-11 03:17 PM
    Lou may be a star now, but he's an evil star....a person who has not even once brought up the positive contributions of immigrants to this country.

    I ask you, have immigrants (or skilled immigrants) have not made a single contribution to this country?

    (they surely have made many, but these are not for Mr Dobbs coverage. He is as biased as can be....good CNN is giving Ruben Navarette some coverage now)




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  • akred
    04-07 01:35 PM
    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?

    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html



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  • surabhi
    03-25 10:57 AM
    That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.

    USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.

    Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.

    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."




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  • sanju
    05-16 11:10 PM
    Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing


    The greater danger in life is not that we set our aims too high and fail, but we set them too low and still do – Michelangelo

    Your aim is to not get fired. You want to buy an insurance policy to a secure job as if you are the only one entitled to have a job. This is a lower aim so you are bound to fail i.e. lose your job.

    And how do you define “replacing some American workers”. There is a plant in Yuma, AZ manufacturing aircrafts for Kingfisher airlines in India. Doesn’t this mean that someone in India is being replaced by American worker???? Maybe we should stop all trade and we should have all needs of one country fill within its borders. Maybe we should say – from now on no one is going to do any business, collaboration, partnership and place orders to companies outside of the borders of the country where you live.


    Then you can lobby for unlimited H1b and Unlimited greencards.


    The best argument of restrictionist is either talk about no H-1B or green cards or talk about unlimited H-1Bs and green cards as if the extremes make the only reality in this world. Have you ever seen numbers like 290,000 or maybe 450,000. These are called whole numbers in mathematics and reside somewhere between ZERO and INFINITY/UNLIMITED.


    You will never get American people support for that.


    Stop bickering in the name of American people. More than 99% Americans don’t even know what is H-1B visa or employment based green card. And one more thing, people’s opinion is the most foolish thing to look at when making a decision. Do you remember the % of people in favor of Iraq war in 2002? - More than 70%
    Do you know how many people are in favor of pulling out of Iraq now, putting all the blame on the Administration? – around 70%
    Do you know the % of “American people” saying that they screwed up by supporting the war in 2002? – 0%
    No one would come out to say the nations and millions of people got screwed up due to "MY" twisted ideology in 2002. So let’s keep this argument of “American People” out of this debate.


    I will accept that 25 year old H1b from India can work 15 to 18 hours a day but same kind of productivity cannot get with 40 year old person with family of 2 kids whether Indian or American. Is it right to replace those person with 25 year old person. If that is the case then you will be replaced by youger H1b person in future.


    In free market and capitalist economy, the measure of productivity doesn’t come from some lawmaker who is out of sink with reality or from the ideology of orgs like IEEE-USA or from posters like you. The measure of productivity comes from the employers and the companies. If employees on H-1Bs were unproductive then why are employers asking for more H-1Bs. I am sure my employer is not in love with me to give me check every two weeks. And if that is how it works best for the competitiveness and for the economy, society and the nation, then so be it. That is the reason why this society is more advanced. You may be afraid of such a situations/competitions but I am not scared of a scenario where someone who can perform a better job, either a citizen or someone on H-1B, takes my job. And I assure you that I won't whine about it. But that is ok, your way of thinking is all based on the premises that every one out is going to get you and some how you have to eliminate this competition at the soonest.


    My view is clear. There should be H1b numbers based on demand and supply. If they cannot come with correct numbers then restriction of non displacement of US workers should be there.


    You have used the argument of abuse, productivity, economy, outsourcing, country of origin and the color of Dick Morris’ underwear - to argue against H-1B and against green card number increase. Time and again I have said that this is not about H-1B. We, the people on this forum, want to discuss about GREEN CARD BACKLOGS. But you want to keep the discussion away from green card backlog and want the discussion be in the arena of H-1B. I must share with you that I have received atleast 7 different private messages telling me to “not waste my time with idiot like yourself”.
    Like you ass, you keep your views and your opinions with yourself. Don’t poke your ass and your views into a place where they don’t belong. And please stop worrying about being displaced by someone else on H-1B. You have not even gotten green card and you have already turned into a restrictionist. Please wait for sometime and there will be enough time and opportunity for you to join the ranks of IEEE-USA. This makes me to think that there are 2 possibilities:
    1.) You have very low self esteem and you have a low opinion about yourself. Thus you are scared of the competition
    2.) You are not capable enough or you are not technically sound to compete with others around you. And just like IEEE-USA, you are looking for ways to eliminate your future probable competition using words/phrases like “displacement of US workers”.



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  • skakodker
    12-31 11:40 AM
    Thank you for your message smisachu. I noticed some other senior members red-dotted me! A red dot or two will never dampen my support albeit mainly phone and mail and enthusiasm for IV's and our cause.

    In response, I believe that violence is the ego rearing its head in response to itself.

    These so-called "camps" are collections of tents and basic infrastructure. Bombing them will achieve, at best, a brief lull (if that) until a new camp is set up and staffed by the hundreds and thousands of misguided personnel that comprise these extremist factions from all over the world.

    At worst, a unilateral assault on Pakistan will result in a nuclear war - the ultimate Pandora's box. What better result could the extremists desire?

    Is there not a better way that involves improving the lot of all and in doing so, dimming the lure of extremist ideaologies?

    I am not saying that we musn't defend ourselves. That is our right. I am proposing that we first address the beast within - the one whose ineffectiveness permitted this attack to occur in the first place. Coming up with ways to achieve this could be our primary intent.

    There is plenty of scope to improve our intelligence services, training, and even basic equipment (our cops arrived with .303 rifles that wouldn't fire!) - but the long term fix for any problem will always be one that starts from within and works it way to the without.

    Peace to all.




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  • ItIsNotFunny
    01-06 01:19 PM
    If this forum is strictly for immigration, then we wouldn't have allowed members to discuss anything other than immigration.

    But IV allowed its members to discuss, degrade, humiliate muslims and Islam. Why didn't they stop it then?
    I don't believe anyone directly condemns Muslims and Islam. Everyone has a great respect for the religion and its followers. The problem starts when one person condemns terrorists and other takes it on Islam. I hope you believe they are not related, then why some people react such way.



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  • Macaca
    12-30 06:47 PM
    China Respects European Unity (http://csis.org/files/publication/pac1062.pdf) By Jonas Parello-Plesner | Center for Strategic and Int'l Studies

    The European Union can work together � at least when it is pushed together. China�s heavy-handed effort to get European nations to skip the Nobel peace prize ceremony in Oslo earlier this month did the trick. Not only did member states show up, but Serbia and Ukraine, countries with EU ambitions, were encouraged to attend as well. Yet this was atypical of a relationship in which China, with newfound power, has found it easy to divide and rule the EU.

    While the European Council focused on the euro crisis last week, away from the limelight, EU leaders were adopting a new China policy. Discussion began four months ago when EU leaders took up Europe-China relations. Then the issue was overshadowed by the internal EU topic of the day: Romas. Dealing with China was relegated to short talks and coffee breaks.

    This reveals a lot about the EU�s strategic outreach. The EU looks inward and seems destined to be an enlarged Switzerland rather than the missing link between the US and Asia in shaping global affairs. China has recognized this, and increasingly sees Europe as an investment opportunity rather than as a global partner.

    On a recent trip to Beijing, I met a range of prominent Chinese officials and academics. Not one asked me how Europe intended to influence US strategy toward Afghanistan or about European views on the upcoming referendum in Sudan. To Beijing, Europe is not so much post-modern as post-global.

    How can the EU�s strategic shrinkage be reversed? EU Council President van Rompuy�s comment in September on the need for �reciprocity� � giving to China only when the EU gets something back � was a good start. In line with this, the draft for the new EU trade policy looks at the possibility of closing off the European public procurement market if China does not give the EU reciprocal access to its market. This tough EU language has not gone unnoticed in Beijing. I was repeatedly asked about it by Chinese interlocutors. China understands a clear but consistent message.

    By itself this new approach will not be enough. The EU must pursue a set of commonly agreed aims. Europe needs to set urgent, coherent strategic priorities, setting aside strategic patience and trust, the key words of the new approach.

    The process of setting new trade policy priorities needs to be extended to the political realm. Member states must select a few priorities on which they really want to engage with China. Non-proliferation, climate change, good governance and human rights are good candidates.

    The big players in Europe have been bypassed economically in the last decade by China. They still have traction individually but much less than their national egos afford � this is true even for Germany, which currently is on its own fast track with large scale exports to China.

    The Wikileaks exposed how the US looks at the political dwarfs of Europe. The Middle Kingdom has a similar take. The feud over Dalai Lama visits in 2007 and 2008 showed that China was capable of hanging out to dry even Germany and France. The old days � the 1990s � when the EU could levy sanctions on China and enforce a change in behavior are gone. The last vestige of this era is the arms embargo. A new era has begun in which China can levy smart sanctions on European countries.

    Resisting the bilateral inclination is difficult. Bilateral visits like David Cameron�s recent tour to China and the Chinese president�s visit to Paris are locked in the logic of bilateral trade promotion. But seeing links to China mainly as a bilateral issue rather than a European-wide concern means accepting a weak position vis-a-vis Beijing. China deals with Europe as it is, not how we dream it is. When European states pursue their own agendas, China will get free traders in the Northern countries to block moves that it sees as too strong, while ensuring that indifferent Southerners dilute policies on human rights.

    A purely bilateral vocabulary seems increasingly anachronistic when an Airbus is assembled with subcomponents from all over Europe. Member countries must acknowledge that signing up to the EU is a binding commitment. A high-level EU official conceded that the just adopted internal strategy paper was kept relatively bland because of suspicion that it would be leaked to China. As a result, it couldn�t contain a more detailed game plan for how to secure EU interests through trade-offs and linkages.

    The EU�s bilateral instinct can be overcome. The internal pressure for multilateral compliance should be stronger once the External Action Service is up and running. But the EAS is no deus ex machina. Member states must be continuously engaged to pursue reciprocal engagement with China. The European Parliament, with its new say over foreign policy, could play an important role by naming and shaming member states that subvert the EU�s strategic priorities in exchange for bilateral advantages.

    A joined-up China policy is urgently needed. Events tend to overtake the EU while it ponders policy and its strategic approach. This year, it was Chinese investments in Europe, particularly in government bonds from Greece to Spain. China�s investment in Europe is a natural diversification from a dollar verdose. Chinese investment should be welcome, but the EU should be an intermediary so that this process is not framed as a bilateral favor that creates political dependency between China and member states. Eurobonds, which have been widely discussed as a solution in the euro crisis, could be a useful tool in this.

    For EU foreign policy �czar� Catherine Ashton and her team, fleshing out the elements of a common EU China policy and being able to apply it in time means anticipating events and providing guidance for how individual actions and bilateral visits play to (or undermine) Europe�s strength. For example, the EU needs a code of conduct for dealing with Liu Xiaobo after the Nobel debacle. Such a code of conduct could be minimal. The important point is that it is adhered to.

    Member states must make strategic choices that do not favor short-term national rewards at the expense of Europe�s strength. The member-states need to move China up the policy agenda and act in unison if they want to reap the benefits of stronger ties to China and avoid being divided and ultimately ruled.




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  • dartkid31
    05-24 12:46 PM
    Folks,

    I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.

    So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?

    "Folks, please be more rational and thoughtful please ?"

    I think thoughtful and rational are NOT two words you would use to describe a Lou Dobbs broadcast. :D

    Extremely one sided, hateful, demagogry, those words would be more accurate.




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  • cygent
    10-03 12:48 PM
    Excellent post dtekkedil
    You reiterate exactly what I have in my mind
    My thoughts and feelings exactly on the GC side!! Absolutely agree with the bold one liner.




    akred
    08-06 01:26 PM
    Seems to me that the problem as usual is that too many people qualify for EB2 thus slowing down "genuine" cases.

    The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.

    In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)

    But this is a very draconian measure and hopefully does not come into play.




    mrajatish
    04-09 11:13 AM
    I am all for cleaning the system and reforming H1B - but I oppose an ill conceived half measure such as the one Senator Durbin/Grassley is proposing.

    My main concern is two fold:
    1. Let us assume I am a very bright individual and I am currently in Harvard. If I graduate from Harvard Business School, and I want to join McKenzie, can I do that? Can I ever be a Management consultant in US if I want to (read I as any random Joe who is not US citizen/GC holder)

    2. Can I switch jobs within a couple of weeks if I need to (I refers to someone who works for a good company but perceives opportunities else where) - this is important as my competition (US citizen/GC holder) has no restriction in place for them. This is also important during recession when I might be a valuable asset to another company but the company cannot afford to wait.

    My point is: definitely prevent abuse of the system, but not by putting more shackles on the hapless employee. Give the employee freedom to move anywhere for a certain period of time (could be 3 yrs renewable 2 times as per current H1b) and have strict penalties if this employee overstays visa etc.

    Additionally, if employers abuse the system, send them to jail right away (and have whistle blower immigrant status protection). Make employers more accountable than they are today.

    Just my 2 cents.....



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