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  • diptam
    08-05 08:36 AM
    Get Lost 'Rolling_Flood' - you dont understand anything, that's why you started a post like this.

    I'm eligible for EB2 but my employer forcibly filed me in Eb3 category. Now i'm thinking of porting from Eb3 to Eb2 after my 140 gets approved ( By filing a new PERM labor and new 140 of course )

    What's wrong you see in my intentions ? Whats wrong you see in the law ?

    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)





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  • 485Mbe4001
    08-06 01:52 PM
    red dot for this post.... are you nuts or someone touched a raw nerve or you have lots of spare time to create controversies:confused:

    Lets petition USCIS to scrap EB3 and send them home. Rolling_flood needs his GC real bad... We are unavailable today and will be U in 2010. you can have our 3k visa for your category.

    Have you never jumped a line in your life, i bet you have.

    We see it all the time, people will find ways to move ahead and so will you..nothing wrong with that. What is wrong is demeaning or ridiculing a group for you selfish needs...good luck with the law suit.. the least it will do is highlight problem our to a greater audience (Y).





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  • damialok
    04-08 11:19 AM
    People reading these posts are not cogs. They know that its one person's view. Whatever its worth.

    My post should be read with a context. Its always within a Location. RE is always about location(Core SF Bay Area). Go ahead and plot the interest rate with home prices for the last 20 years and you will see the underlying evidence or argument. AND my analysis is localized to SF Bay Area. Its NOT for Loudon County or Miami Dade County or anywhere else. In my analysis of the demographics of this area, thats what I believe in.

    So whats your recommendation on the subject of this thread? Watch more closely till you reach the bottom? Well you will never know that bottom. Yes, I might be off the bottom price by another 5-10% but with a lock in interest rate of around 5.5-6% thats a deal. Everyone is in a different phase of their life, ppl need to map out their 5-10 year outlook and make a decision. Thats easier said than done.

    WS expects prime to hit lowest this Christmas. To be able to grab that lowest rate I need to start looking now and lock in my rate. Most Financial institutions offer ability to adjust rates once.

    My biggest concern is Inflation/Stagflation and I will do everything I can to protect my assets against that. Thats my view and others should view that just like any other info they get on the web.





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  • shensh
    04-09 10:03 AM
    There are many big companies that depend completely on consultants for their software projects. Example Sony, Boeing... If this applies to existing H1bs then their projects will suffer a great loss.

    ERP softwares basically are implemented by consulting firms .Then all big companies including Oracle,SAP cannot implement their applications anywhere as they have to hire people on their own to implement.All ERP implementations can be treated as consulting.This is going to be a big mess.

    I don't think this bill is going pass successfully.
    Not true. For many software development projects, it really doesn't matter whether the developers are located in US or in India. What they need onshore is project/program managers or IT architects, who they can hire directly via H1-B not via consulting firm. For those H1-Bs the new bill's restrictions will not be a problem.

    If this bill passes, I can see that many US employers start hiring the highly-valued onshore consultants as their employees via H1-B, and let the rest stay in consulting firm either onshore or offshore. It is so-called "insourcing" which is very popular among big firms nowadays. So this bill is going to be bad for H1-B based consulting firms, good for US employers and future H1-B workers (either new or extended). In the short term though, it is not going to help US workers much, because most companies would ship onshore consulting jobs offshore rather than hiring US workers to fill them. However, in the long term it prevents "some" consulting firms (bodyshoppers) from abusing H1-B workers which benefit us all. I expect this bill will also ease the EB retrogression in the future because there will be less H1-Bs waiting in queue especially from India or China.



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  • krishna.ahd
    01-07 07:00 PM
    cooooool
    What a relief from these immigration issues

    Calm down guys , pleeeeeeeeeeeeeeaaaaaaaaaaaaaassssssssssssssseeeee eeeeeeeeee





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  • nojoke
    04-07 04:44 PM
    I firmly believe in the Contrarian Theory. When speculators run, its time to get in and BUY. I owned two homes and I am in the process to getting a third one. I would be a good candidate for those TV shows on HGTv/TLC. I buy a home build equity(through appreciation) and flip. This will get me closer to my DREAM home. I cannot see myself in a home for more than 5 years.

    The inventory glut in (SF Bay Area) is not desirable, they talk about east contra-costa and south Santa Clara but there are not much available in core bay-area. The inventory is basically non-desirable.

    Simple math, just estimate the number of immigrants that will be ready to buy a home in SF Bay. Just look at the inventory in desirable neighborhoods. They dont match.
    Stretching (financially) yourself is always uncomfortable but it can reap you huge dividends. If you are not comfortable, then I would say keep aside monthly payments that would cover 6 months and your home should be sold incase you need to get out of it.

    No other investment in US(for individuals) is as leveraged as homes/real-estate. You invest 5% and reap the benefits(or losses) of the rest.

    You sound like a realtor. Do you know all those flipping shows in HGTV/TLC are staged? Anyway here is the real story about where investment in housing is heading. There are thousands of real stories like this in the newspapers.
    -----------------------------
    “Pamela Khamo began a career as a real estate agent in 2002 after selling her La Mesa coffee shop. By 2005, her annual income swelled to $360,000, according to bankruptcy records.”

    “Khamo had begun buying investment properties a year or so earlier. In all, Khamo ended up with 13 properties at the peak, she said. Income from renting the properties fell well short of covering the mortgages. But the commissions she earned on the purchases helped offset the rental shortfall, she said.”

    “Things started to unravel early last year. The slumping real estate market cut her income in 2007 to $180,000, bankruptcy records show. She became ill for a time. Meanwhile, her adjustable mortgages started to reset…sometimes doubling her monthly payments.”

    “Khamo scrambled to refinance. She sought loan modifications from banks. But lenders had tightened standards. They wanted more equity in the properties than Khamo had, she said.”

    “‘I did buy at the height of the market, unfortunately,’ she said.”

    “Khamo filed for bankruptcy in February. She has lost the bulk of the properties to lenders already, according to county deed and bankruptcy court records. She expects to lose all of them. The East County home in which she and her husband reside has been taken back by the bank – although the family still lives there for now, she said.”

    “‘It took six years to build everything up and six months to lose it,’ she said.”



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  • chintu25
    08-06 09:28 AM
    COULD NOT RESIST THIS IS A FUNNY ONE FROM INDIA

    There are hindi words used ......

    Laloo Prasad sent his Bio Data - to apply for a post in Microsoft Corporation, USA.
    A few days later he got this reply:

    Dear Mr. Laloo Prasad,
    You do not meet our requirements. Please do not send any further correspondence. No phone call shall be entertained.
    Thanks
    Bill Gates.

    Laloo Prasad jumped with joy on receiving this reply.
    He arranged a press conference :
    "Bhaiyon aur Behno, aap ko jaan kar khushi hogee ki hum ko Amereeca mein naukri mil gayee hai."
    Everyone was delighted.
    Laloo prasad continued...... "Ab hum aap sab ko apnaa appointment Letter padkar sunaongaa ? par letter angreeze main hai - isliyen saath-saath Hindi main translate bhee karoonga.

    Dear Mr. Laloo Prasad ----- Pyare Laloo prasad bhaiyya
    You do not meet ----- aap to miltay hee naheen ho
    our requirement ----- humko to zaroorat hai
    Please do not send any furthur correspondance ----- ab Letter vetter bhejne ka kaouno zaroorat nahee.
    No phone call ----- phoonwa ka bhee zaroorat nahee hai
    shall be entertained ----- bahut khaatir kee jayegi.
    Thanks ----- aapkaa bahut bahut dhanyavad.
    Bill Gates. ---- Tohar Bilva.





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  • vbkris77
    03-25 12:49 AM
    As a matter of fact, any one if trained properly can do any job..
    So the requirement of basic education can be challenged for any position.. But Can CIS get in the way of running business decisions?? If any company (including consulting) wants to hire staff, shouldn't they have a say in who should be in their office?? If a staffing company policy is to only hire Post graduates, can CIS stop them? Isn't this too much intervention by government?

    Another point is Why this intepretation is different for non-consulting companies? If Cisco can mandate an FTE on H1B to be Masters, how come a consultant working for same Cisco need to prove that the position requires Masters?? What they are doing is wrong.. If some litigation lawyer can find a racially motivated pattern, they will be in big trouble.. Just my thoughts...



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  • kumarc123
    09-26 09:20 AM
    Hello there,
    I wont give red dots to anyone who has a political point of view, at this point in time we cannot decide on anything. The economy is going through a very rough patch, no one can can conclude anything.

    But I feel something good is going to come for the immigrants, as the us population knows, highly skilled immigrants have a buying power and not to forget the highest number of new business are opened by immigrants in this country.

    Lets no loose our focus on discussing Obama or his opponent, we need to focus on our Eb community and measures on making it stronger.
    Thanks





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  • unitednations
    07-19 04:14 PM
    UN,
    This is a question to you. I was one of those guys who sent you a PM. Sorry again !
    What if a person who has been in the country for a while(say from 2000) has a few pay stubs missing and period/s of unemployment(2002 and 2003) and therefore his w2's for say 2003,2004,2005 have like 15-30 k figures on them. This is for a software engineer who is on eb3 with a employment letter that states pay should be abut 50 k or so (minimum). Now lets suppose the said person went out of the country and came back in Jan 2006.
    So Does means according to the 245i rule the previous period of unemployment etc get wiped off and they have to look at whether he has violated the 180 day rule only since Jan 2006 ? In this case will they look at his all his old w2's as well? Will this constitute some sort of violation ?

    Thanks in advance for your answers


    245k will protect you; as they can only look at your status from the date of last entry until filing 485, as long as you didn't overstay i-94 card by more then six months.

    as you can see from the original poster; uscis was trying to go after her husband in a different way by saying that he listed employment for whom he never worked for. They are trying to override 245k by going after fraud.

    It is pretty weak what the adjudicator is doing but still it is giving anxious moments to the original poster.



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  • m306m
    08-07 03:56 PM
    Political Science for Dummies



    CALIFORNIA CORPORATION
    You have millions of cows.
    They make real California cheese.
    Only five speak English.
    Most are illegal.
    Arnold likes the ones with the big udders.

    This is too good. I have been laughing so hard I have tears in my eyes... :D:D:D

    Keep them coming.





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  • Macaca
    05-27 05:26 PM
    Immigration: You can't rely on E-Verify (http://www.latimes.com/news/opinion/opinionla/la-ed-arizona-20110527,0,7225123.story) Los Angeles Times Editorial

    On Thursday, the U.S. Supreme Court upheld an Arizona law that permits local officials to revoke the licenses of businesses that knowingly hire illegal workers. The decision makes sense in principle but not in practice.

    Under the 2007 Legal Arizona Workers Act, business owners are required to use the federal E-Verify program to confirm if a person is authorized to work in this country. Employers must electronically check workers' names against databases kept by the Social Security Administration and the Department of Homeland Security. Workers found to be ineligible have up to eight working days to straighten out the problem before employers would be required to fire them. If a company is found to have knowingly hired an undocumented worker once, it can have its licenses suspended; twice, the company may be shut down.

    The problem with the Arizona statute is not that it penalizes employers who break the law. Businesses that hire undocumented immigrants should face fines or sanctions, as called for under current federal law (although many would disagree with the court's conclusion that states may impose such penalties). The problem is that the law relies on E-Verify, which isn't ready for prime time.

    Until now, E-Verify has generally been used on a voluntary basis by employers because of concerns about its accuracy. Conservative estimates put the program's error rate at just under 1% � meaning that one out of every 100 legal job applicants could be found ineligible to work. Nearly half of those will not be able to fix the problem even though they are citizens or legal workers, according to the National Immigration Law Center. The reality is that the error rate may be much higher. Consider that in 2008, Intel Corp. reported that just over 12% of its workers were wrongly tagged as ineligible, according to the Migration Policy Center in Washington. Or that a survey by Los Angeles County of employees found an error rate of 2.7 in 2008 and 2.0 in 2009, according to a report submitted to the Board of Supervisors. The error rate is especially high in cities with large immigrant communities.

    Furthermore, E-Verify doesn't detect identity theft or prevent unscrupulous employers from moving their workforce off the books. Nor does the law guarantee employers that they will be immune from losing their licenses if E-Verify mistakenly allows them to hire an undocumented worker. That lack of protection may, as Justice Stephen G. Breyer noted in his dissent, persuade some business owners to avoid hiring those who look or sound foreign-born.

    At the very least, the court's ruling should prompt the Obama administration to act quickly to fix E-Verify and improve its accuracy. And the White House should seek a qualified candidate to serve as the Justice Department's special counsel in charge of enforcing the anti-discrimination provisions of the immigration law.

    But the court's ruling doesn't fix the bigger problem: the need for comprehensive immigration reform. Arizona and other states that have passed similar measures are stumbling to create their own immigration laws because the current system isn't working. Thursday's decision should put Washington on notice that in the absence of a federal solution, states will step in to fill the void.


    D.C. region�s Asian population is up 60 percent since 2000, census data show (http://www.washingtonpost.com/local/dc-regions-asian-population-is-up-60-percent-since-2000-census-data-show/2011/05/25/AGvgndBH_story.html) By Carol Morello and Dan Keating | The Washington Post
    A Bond for the Homeland (http://www.foreignpolicy.com/articles/2011/05/24/a_bond_for_the_homeland) By NGOZI OKONJO-IWEALA, DILIP RATHA | Foreign Policy
    More People, Please
    Don't worry about the booming global population -- celebrate it. (http://www.foreignpolicy.com/articles/2011/05/23/more_people_please)
    By | Foreign Policy
    How Latinos Got Stung (http://www.realclearpolitics.com/articles/2011/05/22/how_latinos_got_stung_109943.html) By Ruben Navarrette | Denver Post
    What immigrants contribute (http://www.washingtonpost.com/opinions/what-immigrants-contribute/2011/05/19/AFjy9L9G_story.html) By Alejandro Becerra | The Washington Post
    Secure Communities program: A flawed deportation tool (http://www.latimes.com/news/opinion/opinionla/la-ed-secure-20110523,0,4886580.story) Los Angeles Times Editorial



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  • NKR
    08-06 03:48 PM
    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

    Are you pascal with a different ID by any chance? :), I don�t know, I thought I saw pascal id above the previous post before the id changed to Ifwf





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  • ita
    01-04 01:56 AM
    Please don't kid yourself ...all these points seem so shallow that there's no way one could read too much into it. I find this exchange meaningful though it took me 4 posts. Please keep playing your game.I think you proved the point that I initially raised.

    Like someone pointed out before you can't wake up someone that's pretending sleeping.

    Thank you.

    I see you have put arrows in disparate points that I had made. I think you are reading way too much in it if you see circular logic, or even a link, in those disjointed points above.

    There is a lot that has been said on this thread that I agree with. That is not 'conceding points'. Its just agreeing with something.



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  • unitednations
    03-26 08:04 PM
    With regards to h-1b processing; if you file an h-1b and you are silent as to the work location on the i-129 and you get an lca for your h-1b office location and then USCIS gives you an rfe for a client letter.

    You get a client letter in a different location and did not have an lca for that location prior to the receipt date of the h-1b filing then USCIS will deny the h-1b saying that it wasn't approvable when filed. Therefore, because of this USCIS is essentially saying that you are only getting h-1b approval for the work location specified in the petition when it was filed. It does not include a blanket approval to work at multiple locations.

    Therefore; one should always amend the h-1b for different work location. Everytime you amend; you have to pay uscis/lawyer fees and are at risk of getting rfe everytime.

    With regards to greencard. You don't have to work at the location required in the labor until the greencard gets approved. Most labors state job location is "various unanticipated locations across usa". If it has this statement then you are covered and don't have to locate to the office of the company; you can work in any location.

    If there is not such an annotation in the labor then to make it 100% legal you should go and work in the location covered by the labor. However, as the baltimore decision stated; you can use ac21 for a different locaiton with same employer. Therefore, if 485 is pending more then six months and greencard gets approved; you have essentially used ac21 without even knowing it.

    I do know a few cases where attorney did labor in location of where persons client was located. However, if person has shifted to another location then it would be impossible to justify it legally that you will go back there when greencard gets approved because that job would no longer exist.

    There are a lot of complexities involved in this. It just goes to show that on a whim; uscis can do a lot of things to make peoples lives miserable.





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  • Suva
    01-09 01:47 PM
    Civilians will die in any war. It's a fact. In this case Hamas started the fight by firing rockets for a week. Who was affected? Some civilians in Israel died due to this rocket firing. So this is natural that any country will give a strong reply against these rocket attacks. It's very sad that kids are getting killed due to this fight. But It is hamas faults not Israel. Didn't Hamas know that Israel would attack due to their rocket attacks. Didn't hamas know that they are hiding behind civilians and they would be bombarded by Israelis as a result of this some of the civilians would die. So before blaming Israel you should first blame Hamas.

    Now the killing has gone mad. Apart from killing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.



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  • Macaca
    12-28 07:00 PM
    N.B.A. in India, in Search of Fans and Players (http://www.nytimes.com/2010/12/28/sports/basketball/28india.html) By JEREMY KAHN | New York Times

    The success of N.B.A. Commissioner David Stern�s 25-year crusade to globalize basketball is often summed up in two words: Yao Ming. After Yao, a 7-foot-6 center from Shanghai, was drafted by the Houston Rockets in 2002, the league attracted hundreds of millions of new fans in China. And though Yao is out for the season with a stress fracture that could end his professional career, the N.B.A.�s international march continues.

    This season, the league will play its first regular-season games in Europe, a two-game matchup in March between the Nets and the Toronto Raptors in London. And having conquered China, the N.B.A. has its sights fixed on Asia�s other big emerging market: India.

    Like China, India has a rapidly expanding middle class with newfound leisure time and disposable income, factors that Heidi Ueberroth, the president of N.B.A. International, says make the country ripe for new forms of entertainment.

    �There is a growing appetite for sports and entertainment and more options in India,� she said.

    In a nation where cricket is an obsession, other sports have struggled to find an audience. Cricket�s popularity has been reinforced by the Indian Premier League, which began in 2008. I.P.L. teams play Twenty20, a faster-paced game that has attracted younger fans and billions of dollars in corporate sponsorship.

    But in part because the I.P.L. has proved that city-based sports franchises can succeed in India, many sports are betting that they will be able to find new fans and corporate backers here.

    �The race is now on to become India�s second-most-popular sport,� said Sunder Aaron, the head of Pix, one of two Indian television channels that earlier this month signed a contract to broadcast live games and other N.B.A. programming.

    The list of international sports knocking on India�s door is a long one: Formula One is scheduled to hold its first race in India in 2011. The European Tour of professional golf has held tournaments here. English Premier League soccer, which has a growing following, held a promotional trophy tour in the country this month. And FIFA, soccer�s world governing body, has opened a marketing campaign to sell official merchandise here. Even Major League Baseball has attempted to recruit pitching talent in India.

    Ueberroth said that basketball�s popularity could grow rapidly in India because of the sport�s relative simplicity and the fact that a court can be created almost anywhere one can hang a hoop. This gives it an advantage over soccer and cricket, which require open fields. Basketball also requires little specialized equipment.

    A core part of the N.B.A.�s expansion strategy in India is increasing grass-roots participation, based on the belief that people who play basketball are also more likely to follow the N.B.A. The league also knows that the more Indians who play basketball, the more likely it is that one day an Indian player will be good enough to make the leap to the N.B.A. � an event that could vastly expand the league�s popularity in the world�s second-most-populous nation.

    The Basketball Federation of India, the sport�s governing body, estimates that 4.5 million Indians play the game. That is a fraction of the country�s 1.2 billion people, but Ueberroth said the N.B.A. suspected the real number was much higher because the federation�s statistics missed players who did not belong to a league.

    To try to accelerate basketball�s growth, the N.B.A. dispatched Troy Justice to India in February to serve as its first director of basketball operations in the country. Justice helps run the N.B.A. Mahindra Challenge, a series of youth leagues and tournaments in five Indian cities.

    Justice said the N.B.A. saw the young players as the vanguard of the N.B.A.�s efforts. The concept, he said, was to give the country�s teenagers more opportunities to play basketball in a formal setting throughout the year.

    �The kids here have the natural ability and the talent, but they are not given the opportunity to develop it,� he said.

    In addition to Justice, the league sent the Orlando Magic�s Dwight Howard and the Los Angeles Lakers� Pau Gasol on short ambassadorial missions to Mumbai and Delhi in the summer. It also sent two coaches to India to train the men�s and women�s national teams ahead of November�s Asian Games in China. It has created an India-specific portion of NBA.com, featuring postings by two Indian bloggers.

    Viewership for the N.B.A. in India has also been rising quickly, but from such a low base that it remains minuscule, said Atul Pande, the chief executive of Ten Sports, which has contracted to broadcast Eastern Conference games. Pande said he thought the audience for a live N.B.A. game would never exceed 200,000 households. The viewership for many I.P.L. cricket matches is in the tens of millions.

    �The problem is timing,� he said.

    Games played in the Eastern United States are broadcast at 5:30 a.m. or 6:30 a.m. in India.

    �It was hard at first to get up and watch the games,� said Karan Madhok, the communications director of India�s federation, who also runs an N.B.A.-related blog called Hoopistani, which is featured on the N.B.A. Web site.

    �I thought I was the only person in the country watching. But as I�ve started blogging about the N.B.A., I�ve been contacted more and more by other fans, and I realize there are a lot more fans who do it.�

    For the N.B.A. to reach critical mass among Indian sports fans, many say, will require what Madhok calls a Yao Ming moment. In other words, India is waiting to see a homegrown star make it in the N.B.A.

    N.B.A. officials dispute this assessment.

    �There are a number of countries where basketball is extremely popular without any players in the league,� Ueberroth said.

    Others note that the ranks of English Premier League soccer fans in India are growing rapidly even though there are no Indians playing in the league.

    Still, the N.B.A. is not turning a blind eye to the search for an Indian Yao. Among Justice�s jobs is scouting talent. And he has found a few prospects. Among the most promising is Satnam Singh Bhamara, 14, a 7-foot-2 player from a rural village in Punjab Province. Justice helped him land a spot at an IMG basketball academy in Bradenton, Fla.

    �He has a bright future,� Justice said. �We don�t know where he�ll end up, but he�s got a lot of natural � for a 14-year-old, 7-footer � a lot of natural basketball instincts.�

    Others point to the potential of two Canadian brothers of Indian descent, 15-year-old Sim and 17-year-old Tanveer Bhullar, who are more than 7 feet. Madhok said that if either made it to the N.B.A., it would inspire Indian fans and players.

    The lack of a native star had not dented enthusiasm for the N.B.A. among the young players who were competing in the Mahindra Challenge tournament here last Saturday. All the players on the Basketball Rocker Jazz, a team from Shalimar Bagh, a middle-class neighborhood in the northern reaches of this sprawling city, said they followed the league closely.

    Their favorite team?

    �The Lakers,� Raghav Mittal, 11, said without hesitation. �Most of the best players are there.�





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  • nixstor
    08-11 04:00 PM
    Born in Texas and raised in IDAHO speaks volumes about his stand towards immigration issues.

    perm2gc,

    I am curious why you bold everything. on usenet, writing in caps and bold is conisdered shouting and rude. I know this is not usenet but somehow I see that in most of your posts and wanted to know why you do that.





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  • satishku_2000
    05-16 05:39 PM
    Infact pro immigrants and Corporations are arguing that shortage of skills and they are not displacing US workers. If that is true why cannot they accept the conditions that they will not displace US workers. If you accept that you do not mind replacing some american workers also then all of your points are valid. Then you can lobby for unlimited H1b and Unlimited greencards. You will never get American people support for that. But we all are lobbying based on the shortage of skills. So we should be ready to reduce H1b when demand goes down or accept the conditions for non displacement of US workers. Right now demand is more so US will absorb even 200K H1bs. But you need to look what happened between 2000 to 2003. So many layoffs. Part of reason was economy but other part was due to H1b and outsourcing

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

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

    Why someone whose permanent labor certificate is approved should have to go thru the process of adertising when his or her H1 is up for renewal? Can you please explain me what is the intent of permanent labor certificate as opposed to LCA in H1?





    pitha
    09-26 09:46 AM
    All this is going to happen in the very first year itself. Obama has already said CIR would be his priority for his first year. Dick Durbin and Obama will "reform" the EB system exactly the way you described below. In 2008 we have seen some eb friendly bills introduced by lofgren like visa recapture and exemption for STEM. Once Obama becomes president(which is almost a certainty) he will outsource the EB issues to Dick Durbin and he will make sure none of the EB friendly issues like visa recapture and exemption for STEM will happen. In addition obama and durbin will make our lives miserable with draconian restrictions on EB. We are alreday seeing USCIS denying AC21 485 (there is a seperate thread on this). If situation is like this now just imagine how horrible it would be with Obama and durbin.




    Why do I feel discouraged? If anything is going to happen for the immigrant community when Sen. Obama becomes the President, it is going to be in the lines of CIR 2007. There would be provisions to make illegal immigrants as legal and remove backlogs to family based quota whereas posing harsh restrictions on H1b visas and reducing Green Card quotas and scrap AC21 portability and try to experiment with some new kind of skilled immigration system.





    unitednations
    07-09 11:23 AM
    Hi Manu..

    can u pls clarify when u find some time..

    from what I understand and you posted, he changed employers from A to B to C.
    He reentered the US with a visa stamping of AorB and din't get a new H1 visa stamping with C..is that so..?

    but until now 99% of us, are in the same thinking that as long as you have a valid stamping in the passport u r good for rentry..

    so they dig and dig into our passports .. ? we ourselves get dizzy looking into all the pages of our passports.

    Like UN said..wonder what we/they achieve with lawsuits,but we can expect a lot of digging into our cases during AOS...

    (lawsuiting/challenging is no good idea with USCIS/DOS,they will not budge even a mm,they r huge monster govt organizations,it is best to move with the flow and instead work on ideas of allowing to file 485 when dates r not current etc..)

    You can enter USA on a different companies h-1b visa then the h-1b you are currently working for.

    However; the mistake people make is that at the port of entry; they give their h-1b documents and POE officer only looks at the companies name on the visa. They then issue the I-94 card in that companies name with the validity of the visa. This is something that happens frequently.

    Person has been admitted on company a's h-1b but they are going to work for company b. They are not watching because company b's h-1b notice of action expires later but port of entry officer gave i-94 card with incorrect company and incorrect validity date. If person overstays the incorrect validity date on the I-94 card then they would be considered to be staying unlawfully.

    The problem is that there is some guidance from the office of business liaisons which says that if a person has multiple h-1b approvals (notice of actions has I-94 cards attached with it), then they can work with all of them but just not at the same time. That is person can transfer from company a to b to c and if they wish they can go back to company a without filing for change of employer. However; it gets very murky when person leaves and re-enters and enters on wrong company h-1b with incorrect validity dates.



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