Wednesday, June 29, 2011

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  • kutra
    07-13 09:37 PM
    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.





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  • lfwf
    08-06 03:38 PM
    Dude, I did not personally bash anyone let alone give you a red dot, I was just putting forth my opinions which you and some of our ilk did not like which is fair enough.

    You guys saying guys with Masters are from heaven compared to EB3 guys getting 5+ years experience is like personally bashing each and everyone who falls in that category.

    You repeatedly insist on looking at things that way. No one is from heaven and no one is precluding Bs+5 from applying for EB2. They should, why not?
    The question is only: Is it fair for them to get that entire 5 years in their PD as a jump on those who filed EB2 after an advanced degree. That's it. Nothing more or less than that. Please don't read needless nonsense into this. I have no interest in inferior, superior, holier, more genuine etc.
    Nor am i bashing experience and all that. the question simply whether the advantage for going from EB3 to Eb2 should be magnified by allowing the old PD to be ported with it. This kind of situation puts people like me (7 years of education! multiple degrees...) at a serious disadvantage. We would potentially have to wait for every single EB3 that came to the US >5 years ago (even well after we came) to get their GC before ever standing a chance.
    Because they would all be BS+5....and we can't match their PDs. And we have waited as long or more.





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  • gc_on_demand
    08-05 02:21 PM
    Solution to all this is HR 5882. Even if will not make date current for all it will clear major backlog so people will see some hope in next year

    Please call your lawmakers and educate them ... once we reach house floor we might not have time to call all lawmakers.





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  • unseenguy
    06-08 08:43 PM
    First print the damn thing of plastic and I will buy. Right now there are pretty hot deals in my area and I am tempted to buy, but wont.
    Due to my spouse's job, I dont get the 8K benefit. So screw, let them fall further.

    1) Economy is unstable.
    2) Job is unstable.
    3) H1 / 485 is unstable

    Only the wooden sturcture would be stable.



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  • ganguteli
    03-25 12:40 PM
    UN I think you are hyping up the current situation too much.

    Yes there are raids and arrests,

    But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.





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  • unitednations
    07-17 12:19 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.

    I am assuming that you haven't left the country since 2005?

    Going from h-4 to h-1 or L-1 to H-1b is a gray area in regards to have you actually changed your status and what happens if you maintain your old status.

    What is for sure is when you are on F-1 and you file a change of status to h-1b. For sure at this point your status is h-1b.

    Some lawyers will tell you that if you continue on L-1 then you have violted your status; others will tell you differently.

    Anytime there is a questionable issue then you definitely want to go out and re-enter and get an I-94 card. (use auto revalidation by going to canada). This will take the gray out of it.

    Once you have used auto revalidation then tell the absolute truth on the G-325a. USCIS won't be able to do anything about it. However; if they dig into it and accuse you of fraud then you are in for a long and difficult battle.(note: checking status is #1 thing uscis does in examining a 485 application).

    The big danger people will have is that regardless of whether people will be able to file now or later; the dates will go backwards. During this retrogressed time; uscis will pre-adjuidcate cases. Therefore, it is possible that they could deny your case but you wouldn't be able to re-file it until the dates have become current again.



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  • GCNaseeb
    08-02 07:34 PM
    Thanks for your valuable suggestions UN.

    So, do you think it's a better to take a letter from the current employer stating that the position will be available at the time of GC approval, just in case?

    Also if I start working on EAD before 180 days, will that cause any problems in getting I-485 approval?

    Thanks again. I really appreciate your help.

    Once 485 is filed then you are authorized to stay in USA. If you want to work then you can use EAD; if you want to go in/out of USA then you need advance parole.

    At the same time you can have h-1b.

    Both things allow you to stay here.

    Now; once 485 is filed; you do not need to comply with the terms and conditions of your non immigrant status. However; you shouldn't start working with another employer until you have EAD.

    Technically; you could sit at home and do nothing; as long as you have intent to work with the employer until 485 is pending for more then six months and employer doesn't pull the plug before 180 days then you would be fine.

    You could try to convert the h-1b to part time or transfer to another company.

    I only know of one case where person was doing future base employment and invoked ac21 at his local office interview (law says you can do this) and stated he was going to work with someone else.

    USCIS adjudicator asked for a letter from the company that they had intent to hire him up until the 485 had been pending for more then six months. Company would not give the letter and his case was denied.





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  • unitednations
    03-24 02:50 AM
    Just some other info for people.

    One company I know has this hot list with their employee names. They send it out to their prime vendors or do their current clients.

    Somehow one of the anti immigrant groups was able to get on the e-mail list.

    Person from one of these groups responded back to the company with a statement saying that it is illegal to have people on bench and if any of the following LCA's belonged to the named people in the e-mail (ie., hot list) then he would report to department of labor of the violations. Person went through the pain of downloading the LCA's for the particular company and attaching it to the e-mail.

    Now; who knows whether person passed on the e-mail to depatment of labor, uscis.



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  • skd
    12-31 12:32 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html





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  • alisa
    01-03 11:30 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?

    I don't think so.
    I think the current army and civilian leadership in Pakistan does not want to have unfriendly relations with India. Its just that the inertia and the momentum of the past policies is still making an impact today.



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  • Arjun
    07-14 08:42 PM
    Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?

    you know what it takes to do that. Just think, if you were in eb3 and had applied in 2001 and now suggested to start all over again. It is very easy to say go change your category.





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  • Macaca
    09-28 10:29 PM
    Forget the Israel Lobby. The Hill's Next Big Player Is Made in India (http://www.washingtonpost.com/wp-dyn/content/article/2007/09/28/AR2007092801350_2.html) By Mira Kamdar (miraukamdar@gmail.com) | Washington Post, September 30, 2007

    Mira Kamdar, a fellow at the World Policy Institute and the Asia Society, is the author of "Planet India: How the Fastest-Growing Democracy is Transforming America and the World."

    The fall's most controversial book is almost certainly "The Israel Lobby and U.S. Foreign Policy," in which political scientists John Mearsheimer and Stephen Walt warn that Jewish Americans have built a behemoth that has bullied policymakers into putting Israel's interests in the Middle East ahead of America's. To Mearsheimer and Walt, AIPAC, the main pro-Israel lobbying group, is insidious. But to more and more Indian Americans, it's downright inspiring.

    With growing numbers, clout and self-confidence, the Indian American community is turning its admiration for the Israel lobby and its respect for high-achieving Jewish Americans into a powerful new force of its own. Following consciously in AIPAC's footsteps, the India lobby is getting results in Washington -- and having a profound impact on U.S. policy, with important consequences for the future of Asia and the world.

    "This is huge," enthused Ron Somers, the president of the U.S.-India Business Council, from a posh hotel lobby in Philadelphia. "It's the Berlin Wall coming down. It's Nixon in China."

    What has Somers so energized is a landmark nuclear cooperation deal between India and the United States, which would give India access to U.S. nuclear technology and deliver fuel supplies to India's civilian power plants in return for placing them under permanent international safeguards. Under the deal's terms, the Nuclear Nonproliferation Treaty -- for decades the cornerstone of efforts to limit the spread of nuclear weapons -- will in effect be waived for India, just nine years after the Clinton administration slapped sanctions on New Delhi for its 1998 nuclear tests. But the Bush administration, eager to check the rise of China by tilting toward its massive neighbor, has sought to forge a new strategic alliance with India, cemented by the civil nuclear deal.

    On the U.S. side, the pact awaits nothing more than one final up-or-down vote in Congress. (In India, the situation is far more complicated; India's left-wing parties, sensitive to any whiff of imperialism, have accused Prime Minister Manmohan Singh of surrendering the country's sovereignty -- a broadside that may yet scuttle the deal.) On Capitol Hill, despite deep divisions over Iraq, immigration and the outsourcing of American jobs to India, Democrats and Republicans quickly fell into line on the nuclear deal, voting for it last December by overwhelming bipartisan majorities. Even lawmakers who had made nuclear nonproliferation a core issue over their long careers, such as Sen. Richard Lugar (R-Ind.), quickly came around to President Bush's point of view. Why?

    The answer is that the India lobby is now officially a powerful presence on the Hill. The nuclear pact brought together an Indian government that is savvier than ever about playing the Washington game, an Indian American community that is just coming into its own and powerful business interests that see India as perhaps the single biggest money-making opportunity of the 21st century.

    The nuclear deal has been pushed aggressively by well-funded groups representing industry in both countries. At the center of the lobbying effort has been Robert D. Blackwill, a former U.S. ambassador to India and deputy national security adviser who's now with a well-connected Republican lobbying firm, Barbour, Griffith & Rogers LLC. The firm's Web site touts Blackwill as a pillar of its "India Practice," along with a more recent hire, Philip D. Zelikow, a former top adviser to Secretary of State Condoleezza Rice who was also one of the architects of the Bush administration's tilt toward India. The Confederation of Indian Industry paid Blackwill to lobby various U.S. government entities, according to the Boston Globe. And India is also paying a major Beltway law firm, Venable LLP.

    The U.S.-India Business Council has lavished big money on lobbyists, too. With India slated to spend perhaps $60 billion over the next few years to boost its military capabilities, major U.S. corporations are hoping that the nuclear agreement will open the door to some extremely lucrative opportunities, including military contracts and deals to help build nuclear power plants. According to a recent MIT study, Lockheed Martin is pushing to land a $4 billion to $9 billion contract for more than 120 fighter planes that India plans to buy. "The bounty is enormous," gushed Somers, the business council's president.

    So enormous, in fact, that Bonner & Associates created an India lobbying group last year to make sure that U.S. companies reap a major chunk of it. Dubbed the Indian American Security Leadership Council, the group was underwritten by Ramesh Kapur, a former trustee of the Democratic National Committee, and Krishna Srinivasa, who has been backing GOP causes since his 1984 stint as co-chair of Asian Americans for Reagan-Bush. The council has, oddly, "recruited groups representing thousands of American veterans" to urge Congress to pass the nuclear deal.

    The India lobby is also eager to use Indian Americans to put a human face -- not to mention a voter's face and a campaign contributor's face -- on its agenda. "Industry would make its business case," Somers explained, "and Indian Americans would make the emotional case."

    There are now some 2.2 million Americans of Indian origin -- a number that's growing rapidly. First-generation immigrants keenly recall the humiliating days when India was dismissed as an overpopulated, socialist haven of poverty and disease. They are thrilled by the new respect India is getting. Meanwhile, a second, American-born generation of Indian Americans who feel comfortable with activism and publicity is just beginning to hit its political stride. As a group, Indian Americans have higher levels of education and income than the national average, making them a natural for political mobilization.

    One standout member of the first generation is Sanjay Puri, who founded the U.S. India Political Action Committee in 2002. (Its acronym, USINPAC, even sounds a bit like AIPAC.) He came to the United States in 1985 to get an MBA at George Washington University, staying on to found an information-technology company. A man of modest demeanor who wears a lapel pin that joins the Indian and American flags, Puri grew tired of watching successful Indian Americans pony up money just so they could get their picture taken with a politician. "I thought, 'What are we getting out of this?', " he explains.

    In just five years, USINPAC has become the most visible face of Indian American lobbying. Its Web site boasts photos of its leaders with President Bush, Senate Majority Leader Harry Reid, and presidential candidates from Fred Thompson to Barack Obama. The group pointedly sports a New Hampshire branch. It can also take some credit for ending the Senate career of Virginia Republican George Allen, whose notorious taunt of "macaca" to a young Indian American outraged the community. Less publicly, USINPAC claims to have brought a lot of lawmakers around. "You haven't heard a lot from Dan Burton lately, right?" Puri asked, referring to a Republican congressman from Indiana who has long been perceived as an India basher.

    USINPAC is capable of pouncing; witness the incident last June when Obama's campaign issued a memo excoriating Hillary Rodham Clinton for her close ties to wealthy Indian Americans and her alleged support for outsourcing, listing the New York senator's affiliation as "D-Punjab." Puri personally protested in a widely circulated open letter, and Obama quickly issued an apology. "Did you see? That letter was addressed directly to Sanjay," Varun Mehta, a senior at Boston University and USINPAC volunteer, told me with evident admiration. "That's the kind of clout Sanjay has."

    Like many politically engaged Indian Americans, Puri has a deep regard for the Israel lobby -- particularly in a country where Jews make up just a small minority of the population. "A lot of Jewish people tell me maybe I was Jewish in my past life," he jokes. The respect runs both ways. The American Jewish Committee, for instance, recently sent letters to members of Congress supporting the U.S.-India nuclear deal.

    "We model ourselves on the Jewish people in the United States," explains Mital Gandhi of USINPAC's new offshoot, the U.S.-India Business Alliance. "We're not quite there yet. But we're getting there."



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  • number30
    03-23 05:17 PM
    my only problem is Work contracts.

    How am I supposed to get contracts of all clients.
    My employer doesnt share saying its private and confidential..I worked for a top 5 Indian IT in the past..no way I can get those details..duh :confused:

    You need not provide the contracts. Only they need to know is name of the employer. If you talk about the Contracts they can question you about the premises of the permanent job being offered by GC company. If this contracts were needed they should have asked at the I-140 level. May be when you respond you need to tell them I am not working based upon the contracts and I am an employee of the company.





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  • Macaca
    05-18 05:23 PM
    Although some of the dissidents were arrested for their involvement with social media, those outlets also have served as a balm, as families facing repression from the government try to contact the outside world. When human rights lawyer Jiang Tianyong was arrested in February, his wife, Jin Bianling, opened a Twitter account to record her efforts to get information as to his whereabouts, counting the days of his detention online to a crowd of several thousand followers. (Jiang returned home two weeks ago, but is under surveillance, and the couple declined requests for press interviews to keep a low profile.)

    Twitter isn't a medium known for its depth of emotion, but it was undeniably heart-rending when Jin described a conversation with her 8-year-old daughter one evening not long after Jiang's arrest. "Mommy," Jin recorded the child saying. "We shouldn't think about daddy much. You told me when I sneeze, it is a sign that someone is thinking about me. If we make daddy sneeze where he is now, he might be in even more pain."


    What Next for Ai Weiwei? (http://the-diplomat.com/china-power/2011/05/18/what-next-for-ai-weiwei/) By Jason Miks | The Diplomat
    Rebuilding a United Front on China Rights
    The U.S. and European Union can push for human rights protections in China if they work together again. (http://online.wsj.com/article/SB10001424052748703421204576328831096040732.html)
    By KELLEY CURRIE | Wall Street Journal
    The rebel who suffers for art: Ai Weiwei (http://blogs.timesofindia.indiatimes.com/plumage/entry/the-rebel-who-suffers-for-art-ai-weiwei) By Uma Nair | Times of India
    Inside China (http://www.washingtontimes.com/news/2011/may/11/inside-china-819473755/) By Miles Yu | The Washington Times



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  • meridiani.planum
    07-13 12:26 PM
    Having a cut off date of April or Dec 2001 for the past few years is as good as VISA being unavailable. So India EB3 was unavailable for the last 3 years or so (except last july).

    That's not the case with EB2. EB2 on paper has preference, I agree. That does not mean EB2 should have ALL spill over numbers. Split it 75-25 if not 50-50. Dec 2001 for a retrogressed country is just unfair. When you issue some EB2 2006 numbers issue some to EB3 2002 people as well. Is it too much?

    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)





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  • Macaca
    05-27 05:46 PM
    The Next Great Resource Shortage: U.S. Scientists (http://www.time.com/time/nation/article/0,8599,2074024,00.html) By ANDREW J. ROTHERHAM | Time

    The word "stem" is tossed around so much at education meetings these days, you'd think you were at a gardening seminar. STEM is shorthand for "science, technology, engineering, and mathematics" � all fields that are growing, providing lucrative jobs, and key to future American competitiveness. That's why everyone from President Obama to the United States Chamber of Commerce is worried about whether we're producing enough STEM graduates from our colleges and universities. That this is a problem is one of the few things that everyone in education seems to agree upon.

    Part of the push for better STEM education stems � sorry � from American companies claiming there are shortages of American workers able to take on certain roles. Each year, American technology and engineering firms push to expand the number of workers allowed under the "H-1B" visa program, a category that allows companies to hire foreigners in roles where they cannot find a qualified American citizen. Critics claim the H-1B program is more a ploy to allow companies to hire skilled workers cheaper.

    STEM anxiety is also an outgrowth of larger concerns about American competitiveness. The growing number of STEM workers in countries like China and India has policymakers on edge. You often hear that China and India are producing many more engineers than the United States, but when researchers from Duke University looked closely at the numbers, they found that what's counted as an engineering degree in those countries would often be considered a vocational certificate or two-year degree in this country. The Duke team found relative parity between the United States and China and India when the engineering comparison was apples to apples.

    And part of our STEM obsession is frankly just longtime habit. In the 1950s, it was Admiral Hyman Rickover calling for more math and science education as part of the effort to keep us competitive with the Soviets. Congress passed legislation to support math and science education in 1958 and advocates have been pushing for more ever since. Congress passed several STEM measures in just the last decade, including the 2007 America Competes Act, which includes measures to recruit and train teachers in STEM subjects.

    Still, debatable need, confused statistics, and force of habit doesn't mean there isn't an actual STEM problem facing the United States. American students should be doing better in math and science than they are now, and we are arguably producing too few college STEM majors. If the global competitiveness race turns into a numbers game, we're in trouble absent dramatic improvements: If it were its own country, the populations of China and India aged 14 and younger would each still be among the top five nations in the world in terms of population. That means that even marginal improvements in education in those countries will pay big dividends and put them on a stronger competitive footing. Besides, there is little doubt that our own economic future hinges in no small part on remaining a leader in innovation in science and technology.

    So we want more college graduates in STEM careers. How do we get them? Right now policymakers are fixated on upgrading the quality of the math and science teaching force through better recruitment and training. "Out-of-field" teachers � meaning those without proper training in the subject � remain an acute problem in math and science. Scholarships, loan-forgiveness, and even higher pay are all used to attract more teachers into STEM fields. More creative ideas are emerging, too. Math For America provides $100,000 fellowships for math teachers and Partners in Science gives science teachers the opportunity to undertake actual scientific work at national laboratories during the summer. All good ideas, but to some extent we're chasing our tail: Not enough STEM graduates means not enough STEM teachers, regardless of the incentives.

    The second answer is to expose students to STEM fields early on and use scholarships and inducements for them to choose STEM careers. This is where the STEM rhetoric meets our educational reality: A lot of students are not going into STEM careers today not because they're unaware of the choice, but rather because they cannot make that choice because of the quality of education they are receiving.

    Think about it. With high school graduation rates of only about 75 percent overall (and 64 percent for Hispanics and 62 percent for African-Americans) we lose a lot of potential STEM students long before college. At the same time, many students graduating from high schools are not taking the math and science courses necessary to pursue a STEM career. Experts estimate that only about one-third of graduating high school students are genuinely college-ready.

    Of course, not all currently underserved students would choose STEM careers either. People chose their work for a variety of reasons. Yet it's a reasonable assumption that some percentage of currently underserved students would choose STEM just as some percentage of more advantaged students do now. So rather than trying to squeeze a few more STEM students from populations that can already choose STEM if they want to, perhaps policymakers should focus even more on giving currently under-served populations the ability to make a STEM choice in the first place. If you're not taking the right classes � or worse, if you're not in school � STEM careers are not a viable choice for you. Fixing that seems the path to the richest untapped vein of future American talent.

    In other words, in the long term, the STEM agenda really isn't that different than the more general school improvement agenda. Linking the two more explicitly would also help make the push for STEM more relevant and engaging for parents than it is today. Because while education leaders can't shut up about STEM, it's hardly even on the radar of most parents � when they talk about stems they usually are talking about plants.


    The Right Job? It�s Much Like the Right Spouse (http://www.nytimes.com/2011/05/22/business/22corner.html) By ADAM BRYANT | New York Times
    The Downsized College Graduate (http://www.nytimes.com/roomfordebate/2011/05/24/the-downsized-college-graduate) The New York Times
    Top Colleges, Largely for the Elite (http://www.nytimes.com/2011/05/25/business/economy/25leonhardt.html) By DAVID LEONHARDT | The New York Times
    Five myths about America�s schools (http://www.washingtonpost.com/opinions/five-myths-about-americas-schools/2011/05/09/AFunW27G_story.html) By Paul Farhi | The Washington Post
    The Failure of American Schools (http://www.theatlantic.com/magazine/print/2011/06/the-failure-of-american-schools/8497/) By Joel Klein | The Atlantic



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  • Macaca
    02-29 07:21 AM
    In Defense of Lobbying (http://www.washingtonpost.com/wp-dyn/content/article/2008/02/28/AR2008022803232.html?hpid=opinionsbox1) By Charles Krauthammer | WP, Feb 29

    Everyone knows the First Amendment protects freedom of religion, speech, press and assembly. How many remember that, in addition, the First Amendment protects a fifth freedom -- to lobby?

    Of course it doesn't use the word lobby. It calls it the right "to petition the Government for a redress of grievances." Lobbyists are people hired to do that for you, so that you can actually stay home with the kids and remain gainfully employed rather than spend your life in the corridors of Washington.

    To hear the candidates in this presidential campaign, you'd think lobbying is just one notch below waterboarding, a black art practiced by the great malefactors of wealth to keep the middle class in a vise and loose upon the nation every manner of scourge: oil dependency, greenhouse gases, unpayable mortgages and those tiny entrees you get at French restaurants.

    Lobbying is constitutionally protected, but that doesn't mean we have to like it all. Let's agree to frown upon bad lobbying, such as getting a tax break for a particular industry. Let's agree to welcome good lobbying -- the actual redress of a legitimate grievance -- such as protecting your home from being turned to dust to make way for some urban development project.

    There is a defense of even bad lobbying. It goes like this: You wouldn't need to be seeking advantage if the federal government had not appropriated for itself in the 20th century all kinds of powers, regulations, intrusions and manipulations (often through the tax code) that had never been presumed in the 19th century and certainly were never imagined by the Founders. What appears to be rent-seeking is thus redress of a larger grievance -- insufferable government meddling in what had traditionally been considered an area of free enterprise.

    Good lobbying, on the other hand, requires no such larger contextual explanation. It is a cherished First Amendment right -- necessary, like the others, to protect a free people against overbearing and potentially tyrannical government.

    What would be an example of petitioning the government for a redress of a legitimate grievance? Let's say you're a media company wishing to acquire a television station in Pittsburgh. Because of the huge federal regulatory structure, you require the approval of a government agency. In this case it's called the Federal Communications Commission.

    Now, one of the roles of Congress is to make sure that said bureaucrats are interpreting and enforcing Congress's laws with fairness and dispatch. All members of Congress, no matter how populist, no matter how much they rail against "special interests," zealously protect this right of oversight. Therefore, one of the jobs of the chairman of the Senate Commerce Committee is to ensure that the bureaucrats of the FCC are doing their job.

    What would constitute not doing their job? A textbook example would be the FCC sitting two full years on a pending application to acquire a Pittsburgh TV station. There could hardly be a better case of a legitimate "petition for a redress" than that of the aforementioned private entity asking the chairman of the appropriate oversight committee to ask the tardy bureaucrats for a ruling. So the chairman does that, writing to the FCC demanding a ruling -- any ruling -- while explicitly stating that he is asking for no particular outcome.

    This, of course, is precisely what John McCain did on behalf of Paxson Communications in writing two letters to the FCC in which he asked for a vote on the pending television-station acquisition. These two letters are the only remotely hard pieces of evidence in a 3,000-word front-page New York Times article casting doubt on John McCain's ethics.

    Which is why what was intended to be an expos¿ turned into a farce, compounded by the fact that the other breathless revelation turned out to be thrice-removed rumors of an alleged affair nine years ago.

    It must be said of McCain that he has invited such astonishingly thin charges against him because he has made a career of ostentatiously questioning the motives and ethics of those who have resisted his campaign finance reform and other measures that he imagines will render Congress influence-free.

    Ostentatious self-righteousness may be a sin, but it is not a scandal. Nor is it a crime or a form of corruption. The Times's story is a classic example of sloppy gotcha journalism. But it is also an example of how the demagoguery about lobbying has so penetrated the popular consciousness that the mere mention of it next to a prominent senator is thought to be enough to sustain an otherwise vaporous hit piece.

    Free advice to the K Street crowd: Consider a name change. Wynum, Dynum and Bindum: Redress Petitioners.





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  • vdlrao
    07-14 11:02 AM
    EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

    Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

    Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.


    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.


    This EB2 movement of 2 and half years is just a first step by DOS.





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  • anandrajesh
    03-24 11:17 AM
    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
    No one is taking on or poking at USCIS.


    Its a problem when we dont speak out on our issues - nobody understands our pain

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.





    cinqsit
    03-26 06:25 PM
    Alas cannot upload an attachment either ..





    SunnySurya
    08-05 10:44 AM
    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.
    here is another point:
    i think its a childish and selfish idea...i agree labor substitution was absolute nonsense...but not PD porting!



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