Saturday, July 2, 2011

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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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  • gcisadawg
    12-27 01:31 AM
    Why do you want to involve the world in a matter between Pakistan and India?
    I see what you are saying. But I don't think I agree with you.
    The world probably doesn't give much of a damn about it. At the end of the day, a few million nuked and dead Pakistanis and Indians are not going to be the West's headache. They will be the headache for India and Pakistan. So, nukes DO impact the options.


    Yes, there would be a few million nuked pakistanis and Indians. As you said, if the world doesn't give a damn why would Rice, Brown, US Military JCOS and a bunch of others visited India and urged it to restrain caution. I challnge the Indian Govt. to widely publish the statement " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"...See how the world reacts.

    The world is more worried about Militants getting their hands on Nukes and has some confidence in India's caution. Madeline Albright recently said pakistan is like a migraine for the world. How many times we have seen stories where leaders after leader, strategists after strategists express concerns that Militants may get the nuke trigger. I believe the world has a stake in neutralizing Pak's Nukes. Do you believe the Nukes are partially controlled by US at present? Or is it Zardari who has the complete control?





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  • yagw
    08-20 02:53 AM
    Mr. X going to airport with his friend for the first time...

    Mr. X : What is that flight, taking off?
    Friend: Boeing 747

    The next day he went with his another friend and saw the same flight landing... then says to his friend....

    "I know the name of the flight... 'Vanding' 747!"


    Translation: Bo ~= Go
    Vandu ~= Come





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  • OLDMONK
    07-08 09:06 PM
    I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.

    My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.

    Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.

    My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.

    Best of Luck.



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  • Macaca
    12-29 07:13 PM
    Rights activist's life term sparks protests across India (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/28/AR2010122802579.html) By Emily Wax | Washington Post

    Street protests spread across India this week after a court handed down a life sentence to a prominent activist and physician who has long drawn attention to the country's growing economic inequalities.

    In a case that has prompted denunciations by international human rights groups and scholars, prosecutors said Binayak Sen, 60, had aided Maoist rebels in rural India, visiting Maoist leaders in jail and opening a bank account for a Maoist, charges that Sen denies. Human rights activists allege that police planted evidence and manufactured testimonies, and Indian judges have criticized the Dec. 24 judgment.

    Soli Sorabjee, a former attorney general, called the ruling "shocking."

    "Binayak Sen has a fine record," he said. "The evidence against him seems flimsy. The judge has misapplied the section. And in any case, the sentence is atrocious, savage."

    Sen, a pediatrician, has worked for decades to help people displaced by violence and government land seizures in India's mineral-rich regions. Despite the country's booming economy, hundreds of millions of Indians remain mired in poverty - a stubborn inequality that has helped fuel a deadly Maoist insurgency in as many as 20 of India's 28 states.

    The ragtag Maoist rebels, called Naxalites after Naxalbari, a village in West Bengal state where the movement was born in 1967, seek to gain power through armed struggle. They claim to fight for the poor and India's marginalized tribal groups but have also been accused of widespread atrocities. Prime Minister Manmohan Singh has called the Naxal movement the "biggest single threat to India's internal security."

    Sen, who was arrested in 2007 and was not granted bail for two years, says he was targeted solely because he was a vocal critic of the government's use of armed groups to push villagers out of mineral-rich forest areas. His sentencing comes as major economies, including the United States and China, are seeking access to India's growing markets - a sign of the country's emergence as an economic superpower.

    "Anyone in India who dissents or questions the superpower script is ostracized," said Kavita Srivastava, national secretary of the People's Union for Civil Liberties, of which Sen is a vice president. "Sen's arrest is happening because this government is extremely anti-poor. Our much-praised 9 percent growth is coming at the cost of displacing millions of people with land that is being given away for mining and corporate development."

    Sen's difficulties with Indian authorities have drawn global attention before. In 2008, an effort led by 22 Nobel laureates failed to secure Sen's release on bail so he could travel to Washington to receive the prestigious Jonathan Mann Award for his efforts to reduce the infant mortality rate and deaths from diarrhea.

    This time, protests erupted after a court in the eastern state of Chhattisgarh convicted Sen on two counts of sedition and conspiracy, sentencing him to life imprisonment. He was found not guilty of a third charge of waging war against the state, a crime punishable by death.

    A growing number of Indian intellectuals and human rights activists have spoken out on his behalf this week.

    "Binayak Sen has never fired a gun. He probably does not know how to hold one," historian Ramachandra Guha wrote in the Hindustan Times. "He has explicitly condemned Maoist violence, and even said of the armed revolutionaries that theirs is an invalid and unsustainable movement. His conviction will and should be challenged."

    Sen's wife, also a doctor, said in an interview that she is launching an international campaign to do just that.

    "He is a person who has worked for the poor of the country for 30 years," Ilina Sen said. "If that person is found guilty of sedition activities when gangsters and scamsters are walking free, well, that's a disgrace to our democracy."


    Nobel Laureates Unable to Win Release of Doctor (http://www.washingtonpost.com/wp-dyn/content/article/2008/05/29/AR2008052903578.html?sid=ST2010122803216) By Nora Boustany | Washington Post





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  • xyzgc
    12-27 12:04 AM
    Pakistan's nukes' user manuals are in Chinese language. How will they know how to fire them?

    They will figure it out. You too, Beemar, well-said.



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  • anai
    04-12 04:40 PM
    Dont tell me crap that consultants pad their resumes. Everyone does it. Whether its consultants or perm-fulltime jobs holders, and whether its H1B or citizens, EVERYONE who is desperate for a job would pad his/her resume. You would do it too if it meant getting yourself away from filing bankruptcy.


    Many/most of us here have worked like crazy dogs most of lives, followed the rules, and played by the book. "Everyone" does not have your cavalier attitude towards truth.

    My problem is not with consultants or nurses or doctors or magicians or whoever else is in line. My problem is with those who claim to be legal aliens but who routinely break the rules (by indulging in kickback schemes like splitting their salary with their employer).

    IV is a community of/for legal aliens wanting to become legal immigrants. Rule-breakers and others don't belong here; just because one hasn't been caught cheating the system doesn't mean one is legal.





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  • gc_aspirant_prasad
    09-26 02:52 PM
    Whats even worse is that our son who is a US citizen will grow up in some other nation.
    Well.. time to move on.

    For a number of us this is the unfortunate truth, that our US citizen children will grow up in other countries and may never have the opportunity to form the strong bond with the land of their birth. If they return, they will have to undertake the hard process of acclimatization again.
    For those of us who have slightly older children like teens and such - its going to be a major issue as they will have spent considerable time in this system ( educational / social ).



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  • satishku_2000
    05-16 06:04 PM
    It is very simple -- the 'consulting on the bench' business is ILLEGAL. You can have any opinion on it you wan't, but the bottom line is it is against the law. If you can't meet the legal requirements, you shouldn't be here in the first place.

    And what do you think about the skilled and HONEST people in this world, finding a job and having an H-1B petition submitted on their behalf, only to see all the H-1Bs go in a single day due to the consultants? My sympathy goes to these people instead of any 'consultant'.

    It is amazing that people don't seem to grasp the concept of something being ILLEGAL, and instead seem to rely on some self-perceived logic as to what they can and can't do. Let us focus on the illegal clogging of the system and restore it to the otherwise great visa program it was meant to be.


    Title explains it all ... its not illegal to work parttime on H1b...If some employer does not pay on bench , employee can always goto DOL...





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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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  • GCInThisLife
    07-19 02:40 PM
    UN,
    I understand what you are saying. My question is.. is there anything I/my wife can do at this point? If she goes to out of country (India) and try getting either H1B stamped or H4 and re-file I485 (hoping my PD would be current as it is so far back) if it gets denied?

    Looks like we are mentally preparing for the worst.. After 10 years of stay in the US..:(

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.





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  • waitnwatch
    05-24 12:03 PM
    Communique,

    I would like to differ on the point of keeping H1-B numbers constant. To hire a H1-B a company has to show that they didnot get a US citizen with even the minimal qualifications for that particular job. Also the salary for the job has to be certified by the Department of Labor as at least the market rate if not higher. Under this scenario why should there be this artificial and arbitrary limit. Again most of the numbers nowadays is being picked up by the consultants so if a regular company like say Caterpillar wants to hire an engineer the numbers are just not available.

    While you do make a statement supporting no change in the numbers you justify your point by pointing to salary stagnation. Can you show a direct correlation between H1B and salary stagnation. I would more likely point to outsourcing as being more relevant to salary stagnation. If companies have a hard time hiring they would be more prone to outsourcing and it is always better to have a salary stagnated job in the US than not having the job at all.

    Finally about Lou Dobbs..... I have much better use for my time than watching him. His journalism is worse than tabloid journalism though I have the suspicion that he may have an eye on joining the National Enquirer after immigration is done as he would have nothing more to say to his current audience.

    My two cents!



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  • rameshms
    08-26 10:41 AM
    This was forwarded to me by my spouse. I found it useful and thought provoking. Thought I'd share it with you folks. This is not a joke, but is inline with the "lighten up" concept.

    "The fallen Tomato Cart
    SUBROTO BAGCHI (co-founder & CEO of MindTree Consulting)

    I pass through this very intersection every morning with so much ease. Today, the pace is skewed. There is a sense of disarray as motorists try to push past each other through the traffic light. The light here always tests their agility because if you miss the green, you have to wait for another three minutes before it lets you go past again. Those three minutes become eternity for an otherwise time-insensitive nation on the move. Today, there is a sense of chaos here. People are honking, skirting each other and rushing past. I look out of my window to seek the reason. It is not difficult to find because it is lying strewn all over the place.

    A tomato seller's cart has overturned. There are tomatoes everywhere and the rushing motorists are making pulp of it. The man is trying to get his cart back on its four rickety wheels and a few passersby are picking up what they can in an attempt to save him total loss. Though symbolic in the larger scheme of things, it is not a substantive gesture. His business for the day is over.

    The way this man's economics works is very simple. There is a money lender who lends him money for just one day, at an interest rate of Rs 10 per day per Rs 100 lent. With the money, he wakes up at 4 am to go to the wholesale market for vegetables. He returns, pushing his cart a good five miles, and by 7 am when the locality wakes up, he is ready to sell his day's merchandise. By the end of the
    morning, some of it remains unsold. This his wife sells by the afternoon and takes home the remainder, which becomes part of his meal. With the day's proceeds, he returns the interest to the money lender and goes back to the routine the next day.
    If he does not sell for a day, his chain breaks.

    Where does he go from here? He goes back to the money lender, raises capital at an even more penal interest and gets back on his feet. This is not the only time that destiny has upset his tomato cart. This happens to him at least six times every year.
    Once he returned with a loaded cart of ripe tomatoes and it rained heavily for the next three days. No one came to the market and his stock rotted in front of his own eyes. Another time, instead of the weather, it was a political rally that snowballed into a confrontation between two rival groups and the locality closed down. And he is not alone in this game of extraneous factors that seize not only his business but also his life. He sees this happen to the "gol-gappa" seller, the peanut seller and the "vada pao" seller all the time. When their product does not sell, it just turns soggy. Sometimes they eat some of it. But how much of that stuff can you eat by yourself?
    So, they just give away some and there is always that one time when they have to simply throw it away.

    Away from the street-vendor selling perishable commodity with little or no life support system, the corporate world is an altogether different place. Here we have some of the most educated people in the country. We don the best garbs. We do not have to push carts; our carts push us. We have our salary, perquisites, bonuses, stock options, gratuities, pensions and our medical insurance and the group accident benefit schemes. Yet, all the while, we worry about our risks and think about our professional insecurity. We wonder, what would happen if the company shifted offices to another city? What would happen if the department closed down? What would happen if you were to take maternity leave and the temporary substitute delivered better work than you did? What would happen if the product line you are dealing with simply failed? In any of those eventualities, the worst that could happen would still be a lot less than having to see your cartful of tomatoes getting pulped under the screeching wheels of absolute strangers who have nothing personal against you.

    All too often we exaggerate our risks. We keep justifying our professional concerns till they trap us in their vicious downward spiral. Devoid of education, sophisticated reasoning and any financial safety net, the man with the cart is often able to deal with life much better than many of us. Is it time to look out of the window, into the eyes of that man to ask him, where does he get it from? In his simple stoicism, is
    probably, our lost resilience. "





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  • JunRN
    09-26 08:03 PM
    Under the Democrats immigration principle, family members of EB GC applicants will be given GC but not count towards the 140,000 quota.



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  • mirage
    08-06 09:28 AM
    Rolling floods,
    What is your PD ? EB2-India is Jun2006. It is just 2 years back. So I am guessing your PD is even less than 2 years and you are getting so restless that your are seeking to get more rulings done in place where 2000 thousand unnecessary laws & rulings exist for a 'could be an easy' process. I think instead of talking to lawyers you need to see a doctor...





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  • vivekm1309
    12-31 11:03 AM
    IV is meant to discuss Immigration issues ...Politics, International terrorism, India/Pak relations, can be discussed in some of the other forums.



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  • delax
    07-13 12:13 PM
    I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
    .Even we need required justice.
    Atleast we can address the problem.

    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.





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  • willwin
    07-14 09:03 AM
    Sure sometimes change can bring hard-luck, but remember that if you want to change your luck at my expense purely based on your length of wait and regardless of skill level as established by law, then DON'T expect me to not push back. Another letter countering the position can always be written in an individual if not collective capacity.

    I also wonder where was all this thought about change and hard-luck when EB2-I was shafted last year and numbers spilt over to EB3ROW.

    Well, why is there 33% quota for EB1,2 and 3 in the first place. They could have very well made it 100% for Eb1 and if there was any spill over, EB2 gets them and then finally EB3! Because, US needs people from all categories.

    Now all that I am saying is there should be some % on the spill over that comes from EB1.

    If there are 300,000 applicants in EB2 and if the spill over from EB1 is 30K every year, you think it is fair that EB2 gets that for over 6-7 years without EB3 getting anything? That is not fair and if that's what the law says, it has to be revisited. I am saying give 75% or even 90% to EB2 and make sure you clear EB3 with PD as old 2001 and 2002. That is being human. They deserve a GC as much as an EB2 with 2007 (and I am not saying that EB3 2007 deserves as much as an EB2 2007).

    Bottom line, EB3 (or for that matter any category) can't be asked to wait endlessly just because there are some smart kids in another queue! We can come up with a better format of the letter; we can change our strategy to address this issue; we do not have to talk about EB2 and mention only our problems. We want EB3 queue to move.





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  • NKR
    08-06 08:55 AM
    Obviously dude, lol, your post was very funny, had a good laugh. I can rate that as the funniest. His pis***d off reply in Hindi to your post also tells us that yours is the most effective response to rolling_flood's post, looks like he lost his mind by reading your response.





    qualified_trash
    05-17 01:08 PM
    I totally agree with gc03 and learning01 expressing their views. It is when someone starts using terms like "refrain" etc. I get all worked up. gc03 and learning01 are entitled to their thoughts. What they are not entitled to is to tell each other or anyone else to "do this" OR "do not do that". Are we on agreement on this? I can see some name calling going on in these forums which is rather disappointing.

    Someone very funnily called me an individual from the US Army who has infiltrated IV.

    As for learning01, I know that getting the GC process fixed is of paramount importance here. My only suggestion to learning01 and IV is this.......... If Lou Dobbs can help you you should use his help. You do not know what his thoughts are on legal immigration. If he says that he does not support your cause, you can move on and atleast know where he stands.

    If IV is talking to lawmakers from both parties, why cant we speak to all sides of the media?





    xu1
    08-11 04:20 PM
    Dobbs is more worried about his show and ratings. i am sure he has an h1b working somewhere in his office or his old office at space.com. more importantly do you guys feel that he affects policy decisions or the immigration debates going on. if he barks let him bark...
    I heard sensenbrener (wrong spelling but you know the guy) on the radio yesterday, it sounded like no way in hell he was going to compromise on his issue an let the bill pass. Now that is one guy people from IV need to talk to or send emails to, atleast to help him understand out point of view.
    Dobbs is an entertainment business whore, not a journalist or economist. nonetheless, we should all contact CNN or even his show to make a point.. I'll try to fill out his form. I can't believe how CNN has degenerated itself to today's standings..



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