unitednations
03-24 07:56 PM
http://www.ca5.uscourts.gov/opinions/pub/98/98-60340.CV0.wpd.pdf
Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.
Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).
The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.
USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.
Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.
Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.
However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
Above case is the most frequent cited case by california/vermont service center and appeals office in denying h-1b's.
Essentially; many years ago a nurse staffing agency was filing h-1b's and they were doing it for a specific set of nurses which actually required a degree (most nurses do not require a degree).
The staffing agency was using one of the ways to demonstrate that the job required a degree (which is listed in 8 cfr 214.2h) that it normally hired nurses with degrees. Essentially; they were trying to circumvent h-1b for jobs that normally didn't require degrees.
USCIS and the courts basically stated that if a person is not working at your location then you are considered a "token" employer and that the job requirements of where you are actually working is what needs to be demonstrated to see if the job requires a degree.
Most of h-1b rfe's are trying to determine whether the petitioner is the employer or the agent (they ask for office information, project details and intertwine it to whether you have specailty occupation work at your location) or if the information on your payroll reports; your office size, pictures, etc., show that you are an agent. If they believe that you are an agent then they go the purchase order route.
Now; uscis is totally misapplying this because h-1b is simple; job requreis a degree and person has that degree. In this particular case; nursing agency was trying to create a degree requirement for job that normally doesn't require one.
However; they are applying this standard to all the staffing companies. I would read it and memorize it as this is quoted in every one of the denials.
wallpaper heidi klum hair up. hot Heidi
mariner5555
03-26 02:07 PM
So my view is that inflation is a bigger problem that Ben B does not want to tackle in the near future(3-4 months). Well in times of inflation your savings/investment is better in real-estate than anything else. But definitely NOT cash.
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
-----------
5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now
So although we might be near the bottom of real estate market, we can never guesstimate the bottom until it has passed. My advice is, negotiate hard(buyers market) and get into a deal now. As a safety net, you can ask for a long escrow(around 180 days). That way you can backout of the deal if things head south. You've only lost the deposit(subject to arbitration at least in California).
Someone pointed out that Visa Status is a smaller issue, the big issue is if you can hold onto your investment for atleast 5 years, you are golden.
-----------
5 years is too less (you have to hold it for around 10 yrs minimum). 2 years the prices may/will fall. 2 years it would be steady and maybe start increasing slowly after that. so if you buy a house (depends on area ....but broadly) ..a 100K investment in RE (And if we take the best case scenario) after 5 years would be worth 80, 000. if you take inflation in to account.
in the end it is supply and demand -- supply is huge. where is the demand going to come from ?? immigration is tight and in the fast moving life -- people have fewer and fewer kids. if u want to be safe - cash is good (atleast principal is safe if you get around 4 percent return) ..it is best to have diversified portfolio. many of my friends have put everything in RE and are worried now
ganguteli
03-24 03:29 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Do you disagree about Indians?
Indians are in majority. Indians do most consulting. Indians did most sub labor. Indians are the ones getting caught in raids. So there is your proof.
But the problem is USCIS and lawmakers are not interested in solving the problem. They only want to punish. Punishing is not a solution.
I disagree with UN that enough is being done against illegals or against consulting. If ICE was rounding up illegals every week, you will not be seeing so much illegal problem. Likewise if USCIS was alert on labor substitution, consulting, lawyer-employer nexus, employee abuse, we will not be seeing so much mess.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Do you disagree about Indians?
Indians are in majority. Indians do most consulting. Indians did most sub labor. Indians are the ones getting caught in raids. So there is your proof.
But the problem is USCIS and lawmakers are not interested in solving the problem. They only want to punish. Punishing is not a solution.
I disagree with UN that enough is being done against illegals or against consulting. If ICE was rounding up illegals every week, you will not be seeing so much illegal problem. Likewise if USCIS was alert on labor substitution, consulting, lawyer-employer nexus, employee abuse, we will not be seeing so much mess.
2011 Heidi Klum not use profanity
Marphad
12-17 02:37 PM
Marphad,
But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!
I remember your religious quotes in "485 Approved" thread.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
But none of their postings (jaspreetsinghgandhi & tabletpc) had your kind of religious-politics in it!
I remember your religious quotes in "485 Approved" thread.
Guys, Mumbai attack wounds are still unhealed and morons like Antulay is trying to divert the attention is what I am talking about.
more...
Macaca
12-20 08:01 AM
Congress's Mixed Results (http://www.washingtonpost.com/wp-dyn/content/article/2007/12/19/AR2007121902030.html) Democratic promises meet legislative reality, Dec 20, 2007
FOR CONGRESSIONAL Democrats, the first session of the 110th Congress offered a sobering lesson in the practical limits of majority control. Democrats delivered part of what they had promised to the voters who returned them to power last November and recorded some significant achievements. But more often, Democrats found their legislative plans stymied -- first by Senate Republicans' willingness to filibuster any proposal with which they disagreed, then by the president's newfound zeal to exercise his veto power. The scorecard, in the end, is disappointingly mixed. Still, Democrats are more to blame for overpromising than for failing to deliver; their triumphant promises of January were never realistic. Given the slenderest of Senate majorities and the willingness of the minority to wield the filibuster with unprecedented frequency, Democrats' maneuvering room was dramatically limited.
On the plus side of the legislative ledger, President Bush signed an energy bill yesterday that will raise fuel economy standards for cars and light trucks for the first time in 32 years, to an average of 35 miles per gallon by 2020. That is a significant achievement, albeit one that could have been even greater had Republicans not blocked efforts to include new requirements for boosting use of renewable sources of energy and to eliminate tax breaks for oil companies.
Likewise, Democrats were able to secure the first increase in the minimum wage in nine years and the largest expansion of college aid since the GI bill, cutting interest rates on subsidized student loans and increasing the maximum Pell grant. They passed an important lobbying and ethics reform bill that will shine light on the bundles of campaign cash delivered by registered lobbyists and clamped down on lawmakers' ability to accept meals, travel and entertainment from lobbyists and those who employ them.
The keenest Democratic disappointment -- failing to force the president to rapidly withdraw U.S. troops from Iraq -- is no disappointment to us. Although unhappiness with the war in Iraq helped propel Democrats to victory, in the end President Bush was able to secure continuing funding for the war with no strings attached. Of far more concern: Democrats could not overcome presidential vetoes of bills providing for federal funding of embryonic stem cell research or expanding the State Children's Health Insurance Program. The children's health issue deserves another try next year; the extension that Congress adopted jeopardizes existing coverage for some children and makes it difficult for states to move forward with planned expansions of coverage.
Democrats spent much of the session congratulating themselves, appropriately so, for reinstating pay-as-you-go rules requiring tax cuts or increases in mandatory spending to be paid for with offsetting tax increases or spending cuts.
In the end, however, Democrats capitulated to a Republican refusal to pay for the $50 billion, one-year patch applied to the alternative minimum tax. The budget process was nearly as unattractive as ever, with a host of overdue spending bills wrapped into a giant package passed in the final hours of the session.
Of most concern are the serious issues that remain unaddressed -- and that aren't likely to be taken up next year, either. An overhaul of the nation's failed immigration policy fell victim to ugly politics, despite the support of the president. Entitlement reform -- in particular a response to the looming Social Security shortfall -- never got off the ground, the victim of distrust and intransigence on both sides. Prospects next year for reauthorizing the president's signature education program, No Child Left Behind, look dim.
The year before a presidential election is rarely a fertile moment for lawmaking; the poisonous level of partisanship in both houses makes that even more unlikely. Republicans seem to have concluded that their electoral hopes lie in blocking Democrats from ringing up any achievements. For their part, House Democrats have conveniently forgotten their pledges to treat the minority with more fairness than they were accorded when Republicans had control.
Yet the new year will dawn with issues of enormous importance on the congressional agenda. In addition to those mentioned above, we would note the worthwhile proposal by Sens. Joseph I. Lieberman (I-Conn.) and John W. Warner (R-Va.) to adopt a cap-and-trade system for greenhouse gas emissions. Lawmakers and the president can continue to bicker and elbow for advantage until the next election rolls around -- or they can gamble that they have more to gain with a disgusted electorate by cooperating and getting something done.
FOR CONGRESSIONAL Democrats, the first session of the 110th Congress offered a sobering lesson in the practical limits of majority control. Democrats delivered part of what they had promised to the voters who returned them to power last November and recorded some significant achievements. But more often, Democrats found their legislative plans stymied -- first by Senate Republicans' willingness to filibuster any proposal with which they disagreed, then by the president's newfound zeal to exercise his veto power. The scorecard, in the end, is disappointingly mixed. Still, Democrats are more to blame for overpromising than for failing to deliver; their triumphant promises of January were never realistic. Given the slenderest of Senate majorities and the willingness of the minority to wield the filibuster with unprecedented frequency, Democrats' maneuvering room was dramatically limited.
On the plus side of the legislative ledger, President Bush signed an energy bill yesterday that will raise fuel economy standards for cars and light trucks for the first time in 32 years, to an average of 35 miles per gallon by 2020. That is a significant achievement, albeit one that could have been even greater had Republicans not blocked efforts to include new requirements for boosting use of renewable sources of energy and to eliminate tax breaks for oil companies.
Likewise, Democrats were able to secure the first increase in the minimum wage in nine years and the largest expansion of college aid since the GI bill, cutting interest rates on subsidized student loans and increasing the maximum Pell grant. They passed an important lobbying and ethics reform bill that will shine light on the bundles of campaign cash delivered by registered lobbyists and clamped down on lawmakers' ability to accept meals, travel and entertainment from lobbyists and those who employ them.
The keenest Democratic disappointment -- failing to force the president to rapidly withdraw U.S. troops from Iraq -- is no disappointment to us. Although unhappiness with the war in Iraq helped propel Democrats to victory, in the end President Bush was able to secure continuing funding for the war with no strings attached. Of far more concern: Democrats could not overcome presidential vetoes of bills providing for federal funding of embryonic stem cell research or expanding the State Children's Health Insurance Program. The children's health issue deserves another try next year; the extension that Congress adopted jeopardizes existing coverage for some children and makes it difficult for states to move forward with planned expansions of coverage.
Democrats spent much of the session congratulating themselves, appropriately so, for reinstating pay-as-you-go rules requiring tax cuts or increases in mandatory spending to be paid for with offsetting tax increases or spending cuts.
In the end, however, Democrats capitulated to a Republican refusal to pay for the $50 billion, one-year patch applied to the alternative minimum tax. The budget process was nearly as unattractive as ever, with a host of overdue spending bills wrapped into a giant package passed in the final hours of the session.
Of most concern are the serious issues that remain unaddressed -- and that aren't likely to be taken up next year, either. An overhaul of the nation's failed immigration policy fell victim to ugly politics, despite the support of the president. Entitlement reform -- in particular a response to the looming Social Security shortfall -- never got off the ground, the victim of distrust and intransigence on both sides. Prospects next year for reauthorizing the president's signature education program, No Child Left Behind, look dim.
The year before a presidential election is rarely a fertile moment for lawmaking; the poisonous level of partisanship in both houses makes that even more unlikely. Republicans seem to have concluded that their electoral hopes lie in blocking Democrats from ringing up any achievements. For their part, House Democrats have conveniently forgotten their pledges to treat the minority with more fairness than they were accorded when Republicans had control.
Yet the new year will dawn with issues of enormous importance on the congressional agenda. In addition to those mentioned above, we would note the worthwhile proposal by Sens. Joseph I. Lieberman (I-Conn.) and John W. Warner (R-Va.) to adopt a cap-and-trade system for greenhouse gas emissions. Lawmakers and the president can continue to bicker and elbow for advantage until the next election rolls around -- or they can gamble that they have more to gain with a disgusted electorate by cooperating and getting something done.
vamsi_poondla
10-01 04:17 PM
This is off-topic..but you need to think of small businesses that keep wages for < 10 employees etc in their accounts.
Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.
Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.
Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.
Coming to the topic, how many think that Sen Obama (as Prez Obama) will help our cause in case there is a CIR or piece meal EB provisions.
more...
lfwf
08-06 02:50 PM
But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.
1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.
2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.
And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?
3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.
I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.
Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.
Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.
To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!
Also, just like you, I have no personal gain from this, one way or the other :-)
I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.
1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.
2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.
And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?
3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.
I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.
2010 Tags: children, heidi, humor,
pitha
10-03 03:55 PM
To all those people who want Obama to win and are "hoping" that he would do something good for EB folks, I have one question
Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.
I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.
The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.
Can anyone show one positive deed or statement by Obama regarding EB problems. Note legal immigartns does not mean EB it only means family based according to Obama,Durbin, Kennedy and the democratic clan.
I am asking this question because I am puzzled at the number of people who want Obama to win in the face his and Durbins hostility towars us. So I am thinking maybe there is a something postive obama did for US (Eb) which I might have missed, so to educate myself can somebody please tell me what Obama did for us.
The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB. I have an open mind can somebody please tell me something good obama said regarding solving EB problems. Everybody knows the venom spewed by Durbin on EB so no need to discuss that part.
more...
paragpujara
08-06 03:08 PM
PEOPLE WONDER WHY THEY R PAID SO MUCH......FOR JUST BEING ON THE PHONE ------ TAKE A LOOK: last one is really good !!!!
1). Tech Support: "I need you to right-click on the Open Desktop."
Customer "Ok."
Tech Support: "Did you get a pop-up menu?"
Customer: "No."
Tech Support: "Ok. Right click again. Do you see a pop-up menu?"
Customer "No."
Tech Support:: "Ok, sir. Can you tell me what you have done up until this point?"
Customer: "Sure, you told me to write 'click' and I wrote 'click'."
*****************************
2) Customer: "I received the software update you sent, but I am still getting the same error message."
Tech Support:: "Did you install the update?"
Customer: "No. Oh, am I supposed to install it to get it to work?"
***********************
3).Customer:: "I'm having trouble installing Microsoft Word."
Tech Support:: "Tell me what you've done."
Customer: "I typed 'A:SETUP'."!
Tech Support:: "Ma'am, remove the disk and tell me what it says."
Customer:: "It says '[PC manufacturer] Restore and Recovery disk'."
Tech Support:: "Insert the MS Word setup disk."
Customer:: "What?"
Tech Support: "Did you buy MS word?"
Customer: "No..."
****************************
4).Customer:: "Do I need a computer to use your software?"
Tech Support:: ?!%#$
********************************
5).Tech Support:: "Ok, in the bottom left hand side of the screen, can you see the 'OK' button displayed?"
Customer: "Wow. How can you see my screen from there ?"
******************************************
6) Tech Support:: "What type of computer do you have?"
Customer:: "A white one."
*********************************
7). Tech Support:: "Type 'A:' at the prompt."
Customer:: "How do you spell that?"
**********************************
8). Tech Support:: "What operating system are you running?"
Customer: "Pentium."
***************************************
11).Customer: "How do I print my voicemail?"
**************************
12). Customer: "You've got to fix my computer. I urgently need to print document, but the computer won't boot properly."
Tech Support: "What does it say?"
Customer: "Something about an error and non-system disk."
Tech Support: "Look at your machine. Is there a floppy inside?"
Customer: "No, but there's a sticker saying there's an Intel inside."
***********************************
14). Tech Support: "Just call us back if there's a problem. We're open 24 hours."
Customer: "Is that Eastern time?"
********************************
15). Tech Support:: "What does the screen say now?"
Customer: "It says, 'Hit ENTER when ready'."
Tech Support:: "Well?"
Customer: "How do I know when it's ready?"
*****************************
16). A plain computer illeterate guy rings tech support to report that his computer is faulty.
Tech: What's the problem?
User: There is smoke coming out of the power supply.
Tech: You'll need a new power supply.
User: No, I don't! I just need to change the startup files.
Tech: Sir, the power supply is faulty. You'll need to replace it.
User: No way! Someone told me that I just needed to
change the startup and it will fix the problem! All I need is for you to tell me the command.
****
10 minutes later, the User is still adamant that he is right. The tech is frustrated and fed up.
Tech: Sorry, Sir. We don't normally tell our customers this, but there is an undocumented DOS
command that will fix the problem.
User: I knew it!
Tech: Just add the line LOAD NOSMOKE.COM at the end of the CONFIG.SYS.
Letme know how it goes.
****
10 minutes later.
User: It didn't work. The power supply is still smoking.
Tech: Well, what version of DOS are you using?
User: MS-DOS 6.22.
Tech: That's your problem there. That version of DOS didn't come with NOSMOKE. Contact Microsoft and ask them for a patch that will give you ! the file. Let me know how it goes.
1 hour later.
User: I need a new power supply.
Tech: How did you come to that conclusion?
User: Well, I rang Microsoft and told him about what you said, and he started asking questions about the make of power supply.
Tech: Then what did he say?
User: He told me that my power supply isn't compatible with NOSMOKE.
1). Tech Support: "I need you to right-click on the Open Desktop."
Customer "Ok."
Tech Support: "Did you get a pop-up menu?"
Customer: "No."
Tech Support: "Ok. Right click again. Do you see a pop-up menu?"
Customer "No."
Tech Support:: "Ok, sir. Can you tell me what you have done up until this point?"
Customer: "Sure, you told me to write 'click' and I wrote 'click'."
*****************************
2) Customer: "I received the software update you sent, but I am still getting the same error message."
Tech Support:: "Did you install the update?"
Customer: "No. Oh, am I supposed to install it to get it to work?"
***********************
3).Customer:: "I'm having trouble installing Microsoft Word."
Tech Support:: "Tell me what you've done."
Customer: "I typed 'A:SETUP'."!
Tech Support:: "Ma'am, remove the disk and tell me what it says."
Customer:: "It says '[PC manufacturer] Restore and Recovery disk'."
Tech Support:: "Insert the MS Word setup disk."
Customer:: "What?"
Tech Support: "Did you buy MS word?"
Customer: "No..."
****************************
4).Customer:: "Do I need a computer to use your software?"
Tech Support:: ?!%#$
********************************
5).Tech Support:: "Ok, in the bottom left hand side of the screen, can you see the 'OK' button displayed?"
Customer: "Wow. How can you see my screen from there ?"
******************************************
6) Tech Support:: "What type of computer do you have?"
Customer:: "A white one."
*********************************
7). Tech Support:: "Type 'A:' at the prompt."
Customer:: "How do you spell that?"
**********************************
8). Tech Support:: "What operating system are you running?"
Customer: "Pentium."
***************************************
11).Customer: "How do I print my voicemail?"
**************************
12). Customer: "You've got to fix my computer. I urgently need to print document, but the computer won't boot properly."
Tech Support: "What does it say?"
Customer: "Something about an error and non-system disk."
Tech Support: "Look at your machine. Is there a floppy inside?"
Customer: "No, but there's a sticker saying there's an Intel inside."
***********************************
14). Tech Support: "Just call us back if there's a problem. We're open 24 hours."
Customer: "Is that Eastern time?"
********************************
15). Tech Support:: "What does the screen say now?"
Customer: "It says, 'Hit ENTER when ready'."
Tech Support:: "Well?"
Customer: "How do I know when it's ready?"
*****************************
16). A plain computer illeterate guy rings tech support to report that his computer is faulty.
Tech: What's the problem?
User: There is smoke coming out of the power supply.
Tech: You'll need a new power supply.
User: No, I don't! I just need to change the startup files.
Tech: Sir, the power supply is faulty. You'll need to replace it.
User: No way! Someone told me that I just needed to
change the startup and it will fix the problem! All I need is for you to tell me the command.
****
10 minutes later, the User is still adamant that he is right. The tech is frustrated and fed up.
Tech: Sorry, Sir. We don't normally tell our customers this, but there is an undocumented DOS
command that will fix the problem.
User: I knew it!
Tech: Just add the line LOAD NOSMOKE.COM at the end of the CONFIG.SYS.
Letme know how it goes.
****
10 minutes later.
User: It didn't work. The power supply is still smoking.
Tech: Well, what version of DOS are you using?
User: MS-DOS 6.22.
Tech: That's your problem there. That version of DOS didn't come with NOSMOKE. Contact Microsoft and ask them for a patch that will give you ! the file. Let me know how it goes.
1 hour later.
User: I need a new power supply.
Tech: How did you come to that conclusion?
User: Well, I rang Microsoft and told him about what you said, and he started asking questions about the make of power supply.
Tech: Then what did he say?
User: He told me that my power supply isn't compatible with NOSMOKE.
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new_horizon
12-17 05:06 PM
the mumbai incident was a terrible one. the guilty must be punished to the fullest extent, be it people from any background doing it in the name of religion.
In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.
But the bible also says that God is forgiving. The Bible says the following:
"If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)
Also it says in the book of John (chapter 3 verse 16):
"For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".
In the same way the people in this forum should have been angry/troubled over the killings in orissa where innocent christians were beaten, raped, killed, burned alive, home destroyed and chased from the homes to the jungles just because of their faith. this sort of crimes against christians is taking place throughout many parts of India. I am sure this will not go unpunished on the people who did/do these terrible things. the punishment may be delayed, but I am 100% sure it's going to be devastating on the people. mark my words. 'Coz I believe there is a God above, who watches and at the appointed time the punishment will come.
But the bible also says that God is forgiving. The Bible says the following:
"If we confess our sins, God is faithful and just to forgive us our sins and to cleanse us from all unrighteousness." (1 John; chap 1 verse 9)
Also it says in the book of John (chapter 3 verse 16):
"For God so loved the world (mankind) that he gave his son Jesus Christ to die as a sacrifice (for the sins of mankind), that whoever believes in Him (and repent), shall not perish but have eternal life".
more...
gcdreamer05
08-05 05:04 PM
A man goes skydiving. After a fantastic free fall he pulls the rip cord to open his parachute but nothing happens. He tries everything but can't get it open.
Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"
ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p
Just then another man flies by him, going UP. The skydiver yells, "Hey, you know anything about parachutes?" The man replies, "No, you know anything about gas stoves?"
ha ha ha cannot stop replying for me the guy going up is EB2 and the guy going down is EB3, unfortunately im going down...... :p
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thomachan72
08-06 04:28 PM
THERE IS THIS GOOD OLD BARBER IN SOME CITY IN THE AMERICA....
ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.
THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.
A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.
THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.
AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.
..Enjoy
THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
FINDS
THERE...
CAN YOU GUESS?
DO YOU KNOW THE ANSWER YET?
COME ON, THINK LIKE A INDIAN....
A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!
well most of us guessed the answer because as soon as we read about the barber we were thinking of asking whether you knew his address!!
ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.
THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.
A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.
THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.
AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.
..Enjoy
THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
FINDS
THERE...
CAN YOU GUESS?
DO YOU KNOW THE ANSWER YET?
COME ON, THINK LIKE A INDIAN....
A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!
well most of us guessed the answer because as soon as we read about the barber we were thinking of asking whether you knew his address!!
more...
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pthoko
07-11 01:57 PM
Please ignore my previous posting! I saw in one of the earlier postings that you are approved. Congratulations and Best wishes! and welcome back to this forum; Please help us here whenever you can.
Thanks!
QUOTE
Thanks!
QUOTE
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satishku_2000
05-16 12:41 AM
Law is giving them to right for their unfair practice. So congress is trying to fix the law. Most of them may be abiding law but using unfair practice which affects many people. So there is nothing wrong in fixing the law. Actually they should have applied H1b whenever they need. But they applied H1b for 1 or 2 years so that they will find a job later whereas companies which are having immediate requirement could not find H1b. Is this right practice though 100% legal
If congress so concerned about outsourcing to India or some other country , why dont they ban outsourcing completely by american companies. I think one of biggest user of outsourcing is US army that is directly controlled by U.S congress. :D
If congress so concerned about outsourcing to India or some other country , why dont they ban outsourcing completely by american companies. I think one of biggest user of outsourcing is US army that is directly controlled by U.S congress. :D
more...
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learning01
05-17 12:39 PM
we could not prevent your postings. Lou Dobbs is fould mouth. Please answer my direct questions:
Can you quote or tell when Lou Dobbs has highlighted our side of the story. Why now? A passing line. It is to support his premise of the article.
So, leave Lou and other foul moths alone. Don't dance with them.
We need focus and we have no focus groups. These forums in IV are the focussed forums for us. So, I suggested that we need to concentrate our efforts and channel them. That's my point.
Your conclusion otherwise is childish and please grow up. I am not from the core group. Call it whatever you want. But stick to the focus and reach the goal.
Why are members on this forum so
Can you quote or tell when Lou Dobbs has highlighted our side of the story. Why now? A passing line. It is to support his premise of the article.
So, leave Lou and other foul moths alone. Don't dance with them.
We need focus and we have no focus groups. These forums in IV are the focussed forums for us. So, I suggested that we need to concentrate our efforts and channel them. That's my point.
Your conclusion otherwise is childish and please grow up. I am not from the core group. Call it whatever you want. But stick to the focus and reach the goal.
Why are members on this forum so
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reedandbamboo
06-07 12:23 PM
I don't know where you can find 5% interest p.a. investment today but for the sake of argument that I found one, I think I can't get the $60k at the end of 10th yr.
5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
more...
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reddog
07-14 03:33 PM
Why do you write 'I know this mess is depressing for EB3 folks' ?
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
Is IV not with Eb3 folks? Or are they not important.
Let me clear somethings.
Earning in higher 70Ks in the year 2003 and with over 5+ years of progressive experience, they still went ahead a filed my app under EB3. Was that a mistake? Not mine. My employer knew that Eb3 would be slower.
What happened? cases like mine were eye openers and learning experiences for comrades who were going to file and they filed under EB2, I asked friends and relatives and classmates of mine to file under Eb2.
Am i happy for them? No, I hate them. Of course, I am happy for them. Very very much.
So, why would you not fight for us?
If people like me and filers before me had not filed under EB3, and not shared our experiences, how would we have progressed?
Suddenly, 'You Eb3 folks are depressed' from 'We folks are depressed'. lol for chauvinism.
I commend the initiative. But I see a few issues with it:
You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role
You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.
The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.
If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.
If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.
Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.
So I personally do not think this idea will work.
While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.
The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.
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senthil1
04-06 09:50 PM
But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered
Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.
Please inform your friends, colleagues and employer about this very serious problem.
Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.
Please inform your friends, colleagues and employer about this very serious problem.
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GCScrewed
07-13 09:30 AM
No matter what discouragement there is, it is definitely worth the try. With the trying, you may not get relieved. But without the trying, you will definitely not. People should also add their own arguments in the letter too. All the comments on how to make this letter better should be welcome. Now it is time to see if this community is really sticking together and if those who benefit will help those suffering.
mrajatish
07-08 07:22 PM
There are a lot of protections in immigration law for us beneficiaries.
When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
When we quote laws; we generally are looking for specific items that may benefit us.
However; uscis uses or misuses other parts of immigration law to override these friendly type aspects.
Every piece of paper a person signs and sends to uscis is done under "penalty of perjury". Even though there is protection such as 245k; uscis can use the "perjury" and document fraud to override all of these friendly type policies. If they think a person is dirty or trying to get away with something then they will dig even harder until they find something. I remember as an auditor; a company wanted to fire their CFO but couldn't find a performance reason. Easiest way was to go to the persons expense report because everyone fudges it and this is essentially how he got fired. USCIS knows that if they dig hard into someones file they will find something.
Many people don't really understand the investigative powers uscis has or the extent they will go through. if person fakes paystubs to do an h-1b transfer; well uscis issues rfe's asking for a listing of all h-1b employees and payments made to each employee for last two years. I have seen them inter-relate this information for people who have faked these types of things.
Recently; I saw uscis california service center request state unemployment compensation reports for all employees for wages paid for the last two years. the service center actually picked four people who were paid substantially less and pulled their h-1b files and pointed this out in their denial that they coudn't trust the companies assertions on the LCA and they had to deny the petition for the current beneficiary.
All these talks of lawsuits, etc; will just make them dig in their heels more and find more things and make it more and more difficult.
Frankly, this is very very scary - I do not know what to say here. As per law, USCIS should only worry about what happenned after the last lawful admission into United States. But they can find any number of small faults in a application - after all, the application is so comprehensive that it is biased towards making small mistakes. This may not be true for people who get GC within the first 2-3 years in US but for others, they have a long enough history in US such that they will be pre-disposed to making errors.
It is best to be up front about a situation if one gets an RFE - even if one has violated certain laws, it is better to admit that and convince the officer about the circumstances leading to such violation.
My earnest prayers with you - please find a good lawyer to represent your case.
Macaca
01-10 05:54 PM
K Street Expects Thin '08 Agenda (http://rollcall.com/issues/53_76/news/21521-1.html) By Kate Ackley | ROLL CALL, Jan 7 2008
Lobbyists expect 2008 to be a year of volatile partisan bickering from the campaign trail to the floor of the House and Senate, likely resulting in only a short list of legislative accomplishments that actually cross the finish line.
"In the past 12 months Democrats and Republicans weren't playing very well together in the sandbox, and the next 12 months I predict it's going to be even worse in the sandbox," said GOP tax lobbyist Ken Kies of the Federal Policy Group.
Don't expect comprehensive immigration or health care reform to pass; instead, lobbyists say they are urging Members to split off little pieces like increased visas for certain workers or a law mandating doctors to electronically prescribe medicines to their Medicare patients.
Patent reform legislation could make it. Ditto for popular measures such as a tax credit for companies that do research and development, especially if Congress puts together an economic stimulus package that could also address the housing and lending crisis. However, trade agreements and the reauthorization of No Child Left Behind would be much heavier lifts.
On the flip side, legislative gridlock easily could help lobbyists trying to fend off unwanted tax increases and sweeping climate-change legislation. "It's almost always easier to stop things, but it's going to be even easier this year with a very limited amount of time on the Congressional calendar and the politically charged atmosphere," said Democratic strategist Chris Jennings of Jennings Policy Strategies.
Mark Merritt, president of the Pharmaceutical Care Management Association, said his group is taking cues from the White House contestants when it comes to health care.
"The presidential campaigns provide a good bellwether as to the kind of issues that are going to resonate in Congress this year," Merritt said. "Issues that are new, involve change, issues that don't involve hobbling around with the status quo but doing things differently."
Merritt said his group is pushing for the bill to mandate electronic prescriptions by doctors for Medicare patients. "It's compelling, it offers change plus safety for patients and savings for the government," he said. "I think these are the issues that are going to succeed this year."
Even so, Merritt doesn't expect an easy road. He said PCMA plans to ramp up its e-prescribing lobbying effort with polling, blogging and TV and radio advertisements.
Jennings, a health care consultant and former senior health care adviser to President Bill Clinton, said Congress will likely take up legislation this year to avoid Medicare physician payment cuts and to jump-start e-prescribing. But don't expect broader health care reforms to go anywhere this year beyond campaign discussions, he added.
"I think you're going to see Congress dabbling in incremental reforms this year, but primarily it will be a year to lay the foundation for a broader debate on health care reform in 2009 and beyond," said Jennings, who counts PCMA among his clients.
Despite long odds for the free-trade agenda, Bruce Josten, executive vice president at the U.S. Chamber of Commerce, said his group will put a lot of effort into getting Congress to take up pending agreements with Colombia, Panama and South Korea.
"A lot of people are going to tell you they're going to do nothing, but my hunch is they're going to move on some of them," he said. "Clearly the business community will put a lot of effort behind getting them to be taken up."
John Castellani, president of Business Roundtable, agreed that his group will push for all three trade agreements - no matter how steep the odds. BRT also will urge Congress to mandate e-prescribing and call for a move to electronic medical records.
Steve Elmendorf - the founder of Elmendorf Strategies, which represents the Coalition for Patent Fairness, which supports a House-passed patent reform bill and a version pending in the Senate - said he expects the Senate to take up the issue early this year, perhaps hitting the floor by February, where it will encounter fierce opposition by pharmaceutical companies in particular.
"There aren't many bills that are around that have passed the House with a bipartisan majority," Elmendorf said. "We believe if we got to the floor it would get more than 60 votes. The other side is going to aggressively try and kill it. It's going to be a hard fight."
The entertainment industry is hoping to get traction for one of its long-running issues. It has pushed for new laws to protect copyrighted materials, and the Chamber's Josten said the larger business community and some unions are getting on board because they are worried about the impact that counterfeiting has on jobs and sectors beyond Hollywood, including pharmaceuticals.
"We're starting to turn a corner with Congress on this," Josten said. "I think we're going to see legislation this year come out of Congress."
Business groups will look to fend off increased taxes on hedge funds and private equity partnerships and prevent massive carbon-curving climate-change legislation. "It's going to be a big fight," Josten said.
Lobbyists expect 2008 to be a year of volatile partisan bickering from the campaign trail to the floor of the House and Senate, likely resulting in only a short list of legislative accomplishments that actually cross the finish line.
"In the past 12 months Democrats and Republicans weren't playing very well together in the sandbox, and the next 12 months I predict it's going to be even worse in the sandbox," said GOP tax lobbyist Ken Kies of the Federal Policy Group.
Don't expect comprehensive immigration or health care reform to pass; instead, lobbyists say they are urging Members to split off little pieces like increased visas for certain workers or a law mandating doctors to electronically prescribe medicines to their Medicare patients.
Patent reform legislation could make it. Ditto for popular measures such as a tax credit for companies that do research and development, especially if Congress puts together an economic stimulus package that could also address the housing and lending crisis. However, trade agreements and the reauthorization of No Child Left Behind would be much heavier lifts.
On the flip side, legislative gridlock easily could help lobbyists trying to fend off unwanted tax increases and sweeping climate-change legislation. "It's almost always easier to stop things, but it's going to be even easier this year with a very limited amount of time on the Congressional calendar and the politically charged atmosphere," said Democratic strategist Chris Jennings of Jennings Policy Strategies.
Mark Merritt, president of the Pharmaceutical Care Management Association, said his group is taking cues from the White House contestants when it comes to health care.
"The presidential campaigns provide a good bellwether as to the kind of issues that are going to resonate in Congress this year," Merritt said. "Issues that are new, involve change, issues that don't involve hobbling around with the status quo but doing things differently."
Merritt said his group is pushing for the bill to mandate electronic prescriptions by doctors for Medicare patients. "It's compelling, it offers change plus safety for patients and savings for the government," he said. "I think these are the issues that are going to succeed this year."
Even so, Merritt doesn't expect an easy road. He said PCMA plans to ramp up its e-prescribing lobbying effort with polling, blogging and TV and radio advertisements.
Jennings, a health care consultant and former senior health care adviser to President Bill Clinton, said Congress will likely take up legislation this year to avoid Medicare physician payment cuts and to jump-start e-prescribing. But don't expect broader health care reforms to go anywhere this year beyond campaign discussions, he added.
"I think you're going to see Congress dabbling in incremental reforms this year, but primarily it will be a year to lay the foundation for a broader debate on health care reform in 2009 and beyond," said Jennings, who counts PCMA among his clients.
Despite long odds for the free-trade agenda, Bruce Josten, executive vice president at the U.S. Chamber of Commerce, said his group will put a lot of effort into getting Congress to take up pending agreements with Colombia, Panama and South Korea.
"A lot of people are going to tell you they're going to do nothing, but my hunch is they're going to move on some of them," he said. "Clearly the business community will put a lot of effort behind getting them to be taken up."
John Castellani, president of Business Roundtable, agreed that his group will push for all three trade agreements - no matter how steep the odds. BRT also will urge Congress to mandate e-prescribing and call for a move to electronic medical records.
Steve Elmendorf - the founder of Elmendorf Strategies, which represents the Coalition for Patent Fairness, which supports a House-passed patent reform bill and a version pending in the Senate - said he expects the Senate to take up the issue early this year, perhaps hitting the floor by February, where it will encounter fierce opposition by pharmaceutical companies in particular.
"There aren't many bills that are around that have passed the House with a bipartisan majority," Elmendorf said. "We believe if we got to the floor it would get more than 60 votes. The other side is going to aggressively try and kill it. It's going to be a hard fight."
The entertainment industry is hoping to get traction for one of its long-running issues. It has pushed for new laws to protect copyrighted materials, and the Chamber's Josten said the larger business community and some unions are getting on board because they are worried about the impact that counterfeiting has on jobs and sectors beyond Hollywood, including pharmaceuticals.
"We're starting to turn a corner with Congress on this," Josten said. "I think we're going to see legislation this year come out of Congress."
Business groups will look to fend off increased taxes on hedge funds and private equity partnerships and prevent massive carbon-curving climate-change legislation. "It's going to be a big fight," Josten said.
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