Macaca
12-29 07:42 PM
What India Inc. Was Up To in 2010 (http://blogs.wsj.com/indiarealtime/2010/12/29/what-india-inc-was-up-to-in-2010/) By Tripti Lahiri | IndiaRealTime
We looked back at almost a year of India Real Time blog posts on business and the economy and here, summed up in five points, are the highs, lows and key things to take away from all the court judgments, reports, numbers and other data that the Indian economy and India Inc. generated this year.
The Ambani fraternal feud ended, sort of. A Supreme Court judgment in May said a gas price set by the government would prevail over one in an agreement between Mukesh Ambani and younger brother Anil Ambani, ending the long-running legal dispute between the two over at what price Mukesh should sell gas to his younger brother.
Years on from their father�s death in 2002, and after an acrimonious split of the Ambani business empire in 2005, things seem to be easing between the two. This year the two brother scrapped a noncompete agreement. That move allows firms from each brother�s empire to work in areas that the other brother is already involved in.
Car sales, viewed as an indicator of overall economic health, chugged along. Even though upgrades to meet new fuel emissions rules made cars more expensive and rate increases made loans more expensive, cars sold like crazy, according to sales figures released each month. Although small, compact cars continue to be India�s top preference, SUVs made a lot of headway in India this year, to the distress of India�s environment minister, Jairam Ramesh.
Speaking of Jairam Ramesh, the environment minister has been very energetic, to industry�s distress. Mr. Ramesh was quick to act on a panel report that said the India-focused metals firm Vedanta had violated provisions of India�s forest rights law. He halted the company�s bauxite mining plans in Orissa. The Lavasa hill town project in Maharashtra also got a stop-work order from the environment ministry in the wake of complaints from a nonprofit.
Mr. Ramesh is now debating whether or not to put the green hex on the already vexed Korean steelmaker Posco, which has been trying to bring plans to build a steel plant in Orissa to fruition for five years. What he does�a decision is expected early in the new year�on the steel plant will could help show industry whether Vedanta was a one-off or whether Mr. Ramesh means to continue as he has begun.
RBI Governor Duvvuri Subbarao is watching inflation like a hawk. It�s true the central bank governor, who likes to crack a joke or two and quotes Chinese leaders from time to time, didn�t raise rates at the last monetary policy review two weeks ago. (He had said in November that the Reserve Bank of India wasn�t likely to do so for about three months.)
However, inflation has been a key concern all year and the Indian bank has been fairly aggressive about tightening. With a goal of bringing the headline inflation rate, which was 7.48% in November, down by 2 percentage points by March, expect Mr. Subbaro to resume a tight hold of the reins.
Indian women have a really hard time juggling family and work, and that�s probably not good for the economy. It�s pretty clear that Indian women aren�t shy about leading�a woman runs the ruling party and another woman heads India�s top private bank. More women are CEOs of top companies here than of Fortune 500 companies. But several reports and conferences over the year have said that India needs to do more to take advantage of educated women it has, particularly as firms in the formal sector complain of a shortage (as a country of a billion people, there�s no unskilled labor shortage though).
Many of them agreed that Indian women face extremely high pressure on the family front, even compared to women in other emerging economies, and that it can be quite hard for them stick with positions and climb up the ladder as a result.
India Raises Renewable Energy Target Fourfold (http://online.wsj.com/article/SB10001424052970203513204576048870791325278.html) By ERIC YEP | IndiaRealTime
We looked back at almost a year of India Real Time blog posts on business and the economy and here, summed up in five points, are the highs, lows and key things to take away from all the court judgments, reports, numbers and other data that the Indian economy and India Inc. generated this year.
The Ambani fraternal feud ended, sort of. A Supreme Court judgment in May said a gas price set by the government would prevail over one in an agreement between Mukesh Ambani and younger brother Anil Ambani, ending the long-running legal dispute between the two over at what price Mukesh should sell gas to his younger brother.
Years on from their father�s death in 2002, and after an acrimonious split of the Ambani business empire in 2005, things seem to be easing between the two. This year the two brother scrapped a noncompete agreement. That move allows firms from each brother�s empire to work in areas that the other brother is already involved in.
Car sales, viewed as an indicator of overall economic health, chugged along. Even though upgrades to meet new fuel emissions rules made cars more expensive and rate increases made loans more expensive, cars sold like crazy, according to sales figures released each month. Although small, compact cars continue to be India�s top preference, SUVs made a lot of headway in India this year, to the distress of India�s environment minister, Jairam Ramesh.
Speaking of Jairam Ramesh, the environment minister has been very energetic, to industry�s distress. Mr. Ramesh was quick to act on a panel report that said the India-focused metals firm Vedanta had violated provisions of India�s forest rights law. He halted the company�s bauxite mining plans in Orissa. The Lavasa hill town project in Maharashtra also got a stop-work order from the environment ministry in the wake of complaints from a nonprofit.
Mr. Ramesh is now debating whether or not to put the green hex on the already vexed Korean steelmaker Posco, which has been trying to bring plans to build a steel plant in Orissa to fruition for five years. What he does�a decision is expected early in the new year�on the steel plant will could help show industry whether Vedanta was a one-off or whether Mr. Ramesh means to continue as he has begun.
RBI Governor Duvvuri Subbarao is watching inflation like a hawk. It�s true the central bank governor, who likes to crack a joke or two and quotes Chinese leaders from time to time, didn�t raise rates at the last monetary policy review two weeks ago. (He had said in November that the Reserve Bank of India wasn�t likely to do so for about three months.)
However, inflation has been a key concern all year and the Indian bank has been fairly aggressive about tightening. With a goal of bringing the headline inflation rate, which was 7.48% in November, down by 2 percentage points by March, expect Mr. Subbaro to resume a tight hold of the reins.
Indian women have a really hard time juggling family and work, and that�s probably not good for the economy. It�s pretty clear that Indian women aren�t shy about leading�a woman runs the ruling party and another woman heads India�s top private bank. More women are CEOs of top companies here than of Fortune 500 companies. But several reports and conferences over the year have said that India needs to do more to take advantage of educated women it has, particularly as firms in the formal sector complain of a shortage (as a country of a billion people, there�s no unskilled labor shortage though).
Many of them agreed that Indian women face extremely high pressure on the family front, even compared to women in other emerging economies, and that it can be quite hard for them stick with positions and climb up the ladder as a result.
India Raises Renewable Energy Target Fourfold (http://online.wsj.com/article/SB10001424052970203513204576048870791325278.html) By ERIC YEP | IndiaRealTime
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xyzgc
12-20 04:34 PM
Every one I know (muslim or non muslim) is appaled by the Mumbai incident. A sensible person has to be. I do not know the sentiment in pakistan though I am sure there is a propaganda machine at work there. I have many pakistan collegues here and they were outraged. If this was an act, they are good it. This is similar to saying that most hindus were not appaled by what happened in gujarat/orissa.
Silly as it sounds, there is no justification to kill innocent people. I read the mumbai attacked forum and was horrified what was said on both sides. Unfortunately, truth is usually the first casaulty in such incidents followed by been responsible and polite. I am sure words were exchanged from all sides.
My hope or naivety is straigth forward. Lets stop the cycle of hatred and get the guilty to justice (tough justice if that is what is needed). India is destined for greatness and I believe it is time for a Justice system that functions without prejuidice or fear.
If that's what your experience has been, its good news.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
Silly as it sounds, there is no justification to kill innocent people. I read the mumbai attacked forum and was horrified what was said on both sides. Unfortunately, truth is usually the first casaulty in such incidents followed by been responsible and polite. I am sure words were exchanged from all sides.
My hope or naivety is straigth forward. Lets stop the cycle of hatred and get the guilty to justice (tough justice if that is what is needed). India is destined for greatness and I believe it is time for a Justice system that functions without prejuidice or fear.
If that's what your experience has been, its good news.
Overall, my experience has been completely opposite but if most Pakistanis are anti-terrorism as you say, half the battle is already won. I am also beginning to a get a sense that this has embarrased lot of muslims....and its set them thinking.
However, how do you propose we bring the terrorists to book? Attack Pakistan? Bomb the terrorist camps out? Wait for another attack to happen, wait for your own family in Mumbai to be wiped out? And exchange hateful words on IV? Release the terrorists in exchange for political hostages or fedd them dal, chapatis in Indian prisons?
Justice doesn't come magically or does it?
mhathi
09-26 10:01 AM
Here's something from his website. I am not one hundred percent sure of what he will do but I do remember him talking about increasing EB GCs early on in his presidency bid.
"Improve Our Immigration System
Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "
I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.
"Improve Our Immigration System
Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "
I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.
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insbaby
03-25 07:05 AM
Ok, so everytime I see a rent vs buy discussion I see apartment living compared with living in a house. This may not apply to a lot of other places but here's how it goes in SF Bay Area:
Rental
Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
House : Decent sized 3 bed/2.5 bath --- $2000 pm
Mortgage:
House : Decent sized 3 bed/2.5 bath --- $3500 pm
So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?
I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
35% to 40% of your 'take home' can be spent on the residential property. If the total monthly payment for home does not exceed that limit, if you really need, if you are willing and if you can, it is not a bad option to buy.
Rental
Apartment: Decent sized 2 Bed/2 Bath --- $1600 pm
House : Decent sized 3 bed/2.5 bath --- $2000 pm
Mortgage:
House : Decent sized 3 bed/2.5 bath --- $3500 pm
So, is additional 1500 pm worth the money? Why not rent a house? What's the point of trying to get into a sliding market when even Greenspan can't say where the bottom is?
I am in a decent sized apartment right now and if I have to upgrade its a rental house. Buying in a sliding real estate market doesn't make sense to me.
35% to 40% of your 'take home' can be spent on the residential property. If the total monthly payment for home does not exceed that limit, if you really need, if you are willing and if you can, it is not a bad option to buy.
more...
rajmirk
05-24 08:17 PM
Please spend some time on this website....browse around, get acquainted, find the right threads and you will automatically find your answers. There is no 1800 number to call for assistance here............
I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.
-R
I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.
-R
ssa
07-14 08:00 PM
That's exactly what I was wondering about! Did anybody get a rejection letter from *DOL* advising them to apply in EB3 instead? It's hard for me to believe DOL was ever that helpful!
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
And if they did not hear it from DOL and did this on their attorney's/employer's advise sending out this letter may spell trouble for the sender. You are basically sending out a signed letter stating that you tried to get labor approved for one category, failed and then applied in a lower category for exactly same job to work your way around the rejection. I'm not sure on how solid legal ground we will be if this be the case. Job requirements are supposed to be what they are and not what is "approvable". Remember recent Fragomen audit?
Now before labeling this as yet another FUD from EB2 please understand that I'm not saying that you should or shouldn't send out the letter. Just that we should consult someone qualified in immigration law to make sure we are not inviting more troubles than what we are already in.
pani,
This is what you have in the draft letter.
"Let me take you back to the situation in 2001-2003 when a lot of current (EB3) applicants were qualified under EB2 and RIR category(many of whom had masters degrees from Top US universities) our green card labors applications were sent back from DOL saying that the economy was slow and hence cant apply in EB-2. So we were forced to apply in EB3 NON- RIR categories, but when the economy improved in 04-05 you introduced the PERM system and most people applied in EB2 and got their Labors cleared in few months time while the folks who applied in 2001-2004 were stuck at the backlog centers for 3 plus years."
Do you have any evidence/reference to back this up?
more...
paskal
07-14 04:45 PM
The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
2010 Generate a Dynamic Morphing
unseenguy
06-20 05:55 PM
Real estate is always a local phenomena. So those of you who are following national guidelines are misleading yourselves. Unless you are major investor, who would like to keep his/her real estate portfolio diverse, national level real estate indicator is not of much use.
I bought a foreclosed house few months ago, but before that did thorough study at personal level. Not only analytically study your market, but also "go to genba". Feel the pulse, find where and what kind of people live in those sub-divisions.
If you are leaning towards investing, lean with good intent. Avoid risk by thouroughly understanding your financial situation. I went with 30 yr fixed, to be conservative.
Finally, have guts to make a call, either way. It's the right time, I would say.
In my local area I see about 50-50 ratio of open homes to sold homes on MLS maps. However the prices are too high, I think. Also due to my income level, I do not qualify for Obama's homeowners rebate and I do not think prices will skyrocket in 2-3 years, so for my personal situation, I have an opportunity to save a LOT for my downpayment while I wait for my GC and be in a position to either buy a bigger home or take reduced mortgage when I decide to go for the kill. It also gives me flexibility to shift the liquid assets to India with relative ease. Dont get me wrong, I can buy a villa in Bangalore almost loan free. In that case, I am wondering if taking a mortgage and being tied to it during uncertainty is a smart move.
Although there is a tax benefit to the mortgage , one thing we know for sure is that home prices are not about to go up anytime soon. So with low rent payment for next 2-3 years, I should be in a solid position to decide what I want to do.
I bought a foreclosed house few months ago, but before that did thorough study at personal level. Not only analytically study your market, but also "go to genba". Feel the pulse, find where and what kind of people live in those sub-divisions.
If you are leaning towards investing, lean with good intent. Avoid risk by thouroughly understanding your financial situation. I went with 30 yr fixed, to be conservative.
Finally, have guts to make a call, either way. It's the right time, I would say.
In my local area I see about 50-50 ratio of open homes to sold homes on MLS maps. However the prices are too high, I think. Also due to my income level, I do not qualify for Obama's homeowners rebate and I do not think prices will skyrocket in 2-3 years, so for my personal situation, I have an opportunity to save a LOT for my downpayment while I wait for my GC and be in a position to either buy a bigger home or take reduced mortgage when I decide to go for the kill. It also gives me flexibility to shift the liquid assets to India with relative ease. Dont get me wrong, I can buy a villa in Bangalore almost loan free. In that case, I am wondering if taking a mortgage and being tied to it during uncertainty is a smart move.
Although there is a tax benefit to the mortgage , one thing we know for sure is that home prices are not about to go up anytime soon. So with low rent payment for next 2-3 years, I should be in a solid position to decide what I want to do.
more...
javadeveloper
08-02 12:35 PM
245k and 245i are two different things.
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
Thanks UN
245i was sort of an amnesty. If person overstay their i-94 cards for any length of time they can still adjust status to lawful permanent resident as long as they pay the $1,000 penalty.
Main criteria of 245i is that you had to have an immigrant petition (i-130) or a labor cert filed on behalf of you before April 30, 2001. If you meet this criteria then overstaying or being out of status doesn't matter. However; even if you were eligible for 245i and you had overstayed by more then six months and you left the country then you wouldn't be allowed back in and if they somehow allowed you back in; you wouldn't be able to adjust status because the 3/10 year bars kick in.
Thanks UN
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Macaca
03-06 09:01 PM
Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and
Damaris Del Valle
H-1B visa -- From Wikipedia (http://en.wikipedia.org/wiki/H1B_visa)
Questions & Answers from CIS Ombudsman's Teleconference (http://www.dhs.gov/xabout/structure/gc_1175876976479.shtm)
I-485 Standard Operating Procedure (http://www.ilw.com/seminars/august2002_citation2b.pdf)
Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and
Damaris Del Valle
H-1B visa -- From Wikipedia (http://en.wikipedia.org/wiki/H1B_visa)
Questions & Answers from CIS Ombudsman's Teleconference (http://www.dhs.gov/xabout/structure/gc_1175876976479.shtm)
I-485 Standard Operating Procedure (http://www.ilw.com/seminars/august2002_citation2b.pdf)
more...
xyzgc
12-20 03:19 PM
Abdul Rehman Antulay. Current cabinet minister and EX Maharastra CM. The guy who created biggest cement scandal at the time and was exposed by Arun Shourie.
http://en.wikipedia.org/wiki/A._R._Antulay
He is a konkani muslim.http://en.wikipedia.org/wiki/Konkani_Muslims
Famous Konkani Muslims - some good and some evil.
* Makhdoom Ali Mahimi - Sufi Saint of Mahim
* Abdul Rehman Antulay- Politician, ex-Chief Minister of Maharashtra
* Mukri - Hindi Film Actor
* Dawood Ibrahim - Underworld Kidnapping and Narcotics Kingpin
* Shafi Inamdar - Hindi Film Actor
* Fareed Zakaria - Editor, Newsweek
* Rafique Zakaria - Famous Islamic Scholar and MP
* Ghulam Parkar - Indian Cricketer
* Usman Hajwane - Poet, Writer
* Sharaf Kamali - Poet
As a side note a lot of muslim terrorists come from Mumbra - a Bombay suburb. Its 70% musclemann,
It was a town that formed Mughal outpost in the 14th century.
http://en.wikipedia.org/wiki/Mumbra
Worse, its a fairly literate town, that disposes the theory that terrorism is a direct offshoot of poverty and lack of education. Not true.
http://en.wikipedia.org/wiki/A._R._Antulay
He is a konkani muslim.http://en.wikipedia.org/wiki/Konkani_Muslims
Famous Konkani Muslims - some good and some evil.
* Makhdoom Ali Mahimi - Sufi Saint of Mahim
* Abdul Rehman Antulay- Politician, ex-Chief Minister of Maharashtra
* Mukri - Hindi Film Actor
* Dawood Ibrahim - Underworld Kidnapping and Narcotics Kingpin
* Shafi Inamdar - Hindi Film Actor
* Fareed Zakaria - Editor, Newsweek
* Rafique Zakaria - Famous Islamic Scholar and MP
* Ghulam Parkar - Indian Cricketer
* Usman Hajwane - Poet, Writer
* Sharaf Kamali - Poet
As a side note a lot of muslim terrorists come from Mumbra - a Bombay suburb. Its 70% musclemann,
It was a town that formed Mughal outpost in the 14th century.
http://en.wikipedia.org/wiki/Mumbra
Worse, its a fairly literate town, that disposes the theory that terrorism is a direct offshoot of poverty and lack of education. Not true.
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sc3
07-14 05:04 PM
but you are not correct about this. please look it up. The vertical spillover was going to EB3 ROW, had that not been so, EB2 I would not have become U, even though (you are right about that) USCIS was actually allocating a little too fast.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
Paskal thanks for your post. You have given some points to mull over. However, I dont get some things, if EB3-I were on the lowest totem-pole, how can we explain the data from previous years where EB3-I got a lot more visas -- even though EB3-ROW was not current.
Second. Which point in the AC21 says Eb2 gets preference over Eb3? There is nothing in sec 104 which points towards the preference for EB2? I have read and re-read the section multiple times, but I dont see anything which says that there is a preference towards EB2.
The bottom line is this: before the "system changed" the spillover went to EB3 ROW (country quota more important that category preference)
Now with revised interpretation spillover goes first to EB2 retrogressed countries (preference category precedent over country quota- use of soft quota provison from AC21). Either way Eb3 I was last on the totem pole.
There would have been no spillover to EB3 I in either situation. I'm not saying this to either to justify it or to argue for it's fairness. Just trying to make a point about the root issues.
Therefore, the "change" leaves EB3 I exactly where it was before- which of course is an insane place to be. Frankly, in your place, I would be freaking going out of my mind. But if your only reason for this action is that "change", you have to sit back a moment and understand what the change has doen (or in this case not done) to you.
The ONLY way to solve the EB3I problem is increased GC numbers. That is why recapture has been the first and foremost thing we have always pursued. Last time there was a recapture, GC numbers went to every single category. Anyway you look at it, if with a recapture, EB2 became current, every bit of spillover in every quarter would go to EB3. Eventually, there will be more long lasting reform. For now we desperately need the extra numbers in any form or shape.
Just my 2c. not trying to trying to "stop your voice from being heard". One piece of friendly and well meaning advice. Target letters and measures at those that have the power to make the changes you want. Otherwise the effort is pointless from the start.
Paskal thanks for your post. You have given some points to mull over. However, I dont get some things, if EB3-I were on the lowest totem-pole, how can we explain the data from previous years where EB3-I got a lot more visas -- even though EB3-ROW was not current.
Second. Which point in the AC21 says Eb2 gets preference over Eb3? There is nothing in sec 104 which points towards the preference for EB2? I have read and re-read the section multiple times, but I dont see anything which says that there is a preference towards EB2.
more...
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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!
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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alisa
12-27 02:09 AM
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?
I am ambivalent about eliminating Pakistan's nuclear program. On the one hand, you are right that nukes in the hands of militants is a scary scenario. (Ironically, you increase the probability of the nukes falling into wrong hands by having a destabilizing war between Pakistan and India.)
But then equally scary is a defenseless Pakistan against India. Atleast, thats our perception.
I don't know who all controls the nukes. The army is certainly one part of it.
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?
I am ambivalent about eliminating Pakistan's nuclear program. On the one hand, you are right that nukes in the hands of militants is a scary scenario. (Ironically, you increase the probability of the nukes falling into wrong hands by having a destabilizing war between Pakistan and India.)
But then equally scary is a defenseless Pakistan against India. Atleast, thats our perception.
I don't know who all controls the nukes. The army is certainly one part of it.
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amulchandra
04-06 11:26 PM
I knew that something of this kind is going to happen after seeing the first day H1b rush.This is extreme exploitation of the system and Govt has to take some steps atleast to show people that it is trying to take some action. If they are not going to take some kind of measures to curb this, even after (if at all) they increase H1b visas next year .... the same thing might repeat.
I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point
---This applies to all the applications filed after the enactment of this bill.
So how is it going to effect the current H1b consultants?
Thanks
Amul
I am one of those waiting to win the H1b lottery. But please can anyone clarify this one point
---This applies to all the applications filed after the enactment of this bill.
So how is it going to effect the current H1b consultants?
Thanks
Amul
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surabhi
03-25 10:57 AM
That case was decided in 2000 after the h-1b had been filed; denied; appealed; though on layer of court and then finally decided by this court. This is why it is difficult to challenge USCIS; it takes years and years for it to weave though the system.
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
USCIS could have used this case many years ago; however, vermont service center didn't apply the principles of this case until 2007. Once; senators/congressmen started putting pressure on them to start getting tough.
Although they think there may be gaming of the system; they have to find a legal way to teach people a lessson. This case is what they can legally do to deny h-1b's.
Thanks for the link. Essentially there are 2 issues here
1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.
This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.
Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.
2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.
I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com
"In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.
Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.
The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."
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unitednations
07-17 12:47 PM
Here is a real example that is going on right now.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
Person came here on F-1. OPT expired May 2002. His h-1b was approved with a starting validity date of December 2002.
He gets an rfe to give I-20 and prove status.
Now: he had an I-94 card from F-1 with duration of stay. Therefore; he is not accruing unlawful presence. However; he was out of status from May 2002 to December 2002. About 7 months. At first glance; he is not eligible to get 485 approved.
However; in response it will say that there is a grace period of 60 days from end of OPT which will allow him valid status until middle of July. Therefore; from middle of july until h-1b approval he was out of status. By our calculations he was out of status for about 165 days from the end of the 60 day grace period until h-1b approval.
Now; since he only has a buffer of 15 days remaining; uscis could go from 2002- until 2005 when he filed 485 to see if they can get 15 days of out of status and deny his 485.
Big problem for him is that he used ac21 and is self employed and not on H-1b anymore. If USCIS should deny his 485; he can't re-file because he is not in non immigrant status and even if he was; the visa dates are unavailable and he would not be able to get cooperation from old employer to re-file 485 anyways because they wouldn't cooperate. He wouldn't be able to get labor substitution because that is gone now.
If they should deny his 485 then he has to get an h-1b approval for the remainder of his six years; he won't get an I-94 card because he isn't in non immigrant status; he would have to go for visa stamping and then start all over again.
Not a good situation all around for him.
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485Mbe4001
08-05 03:16 PM
Wow...good for you...welcome to America...
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
Friends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.
I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.
More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.
I also want to make this issue an action item for all EB2 folks volunteering for IV activities.
Thanks.
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unitednations
08-08 04:33 PM
UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
Question-
--------------------
Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?
Actually; I didn't think it was courageous at all. I had to practice what I preach.
One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.
Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).
I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.
Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.
he didn't but just in case he wanted to; I was ready for it.
Macaca
12-27 06:39 PM
Onions vs. Corruption on the Outrage Scale (http://blogs.wsj.com/indiarealtime/2010/12/27/onions-vs-corruption-on-the-outrage-scale/) By Rupa Subramanya Dehejia | IndiaRealTime
Are we a democracy in name only? Is the Indian electorate apathetic? Why aren�t people marching in the streets protesting the recent spate of corruption scams?
Well, OK, some marched last Wednesday as the BJP sponsored demonstrations against corruption in the major metros. But it was hardly a spontaneous and large-scale outpouring of popular disaffection. And it was rather late at that.
While India�s political classes and the English speaking elite are working themselves into a rhetorical frenzy over the succession of scandals that have beset the United Progressive Alliance government, contrast this to the apparent complete lack of engagement by the common man. While most Indian commentary has focused on the political intrigue within Delhi, Paul Beckett in the WSJ remarked on the fact that �this is the sort of event that in a less apathetic democracy would lead to genuinely convulsive outrage.�
At least every five years, India is a vibrant democracy, with a high participation rate and a robust tendency to punish incumbents who perform poorly, even more so than in most Western democracies. But why do we become so lethargic in between? Where are the convulsions that we surely should be seeing?
Recently, I�ve been posing this question to just about everyone I meet from Mumbai taxi drivers, construction crew in the neighboring apartment, Twitter followers, and whomever else I can buttonhole. Some professed no interest, saying that all of their energy and time are occupied by putting food on the table. Others expressed a sense of helplessness: �I�m a day laborer barely making ends meet; how can I influence what these big politicians do? Who will listen to me?�
This sense of resignation needs to be questioned. If common folk felt that helpless, why would they bother to vote in such large numbers and turf out politicians they don�t like every time an election comes around? As the recent state election in Bihar demonstrates, voters are quite prepared to reward good governance and punish grandstanding populism. Clearly, as an electorate, we�re responsive and agile when we want to be.
So what�s going on?
One hypothesis is that people largely see this as political theater. So long as the economy is booming and there�s no direct impact on their pocketbook, it�s business as usual. Let�s not forget when existential questions such as land acquisition or the price of staples are at issue, we do see the common man coming out on the streets and expressing his displeasure, forcing governments to react. Witness the recent uproar over the price of onions.
The estimated $40 billion loss to the exchequer from selling the 2G spectrum below its value is money not spent on electrifying Indian towns and villages, building schools and hospitals, etc. Why don�t people see it this way? It is not merely a �presumptive� loss as Kapil Sabil contended to Barkha Dutt on NDTV recently but a real economic loss. After all, a rupee not earned is a rupee wasted.
Another reason could be that two-thirds of the people are poor and don�t pay much in the way of income taxes. Perhaps they don�t see the recent scams as costing them. Contrast this to the West where every allegation of government money misused is widely portrayed as a waste of taxpayers� money and galvanizes opposition. In India, the bulk of the tax base is rich individuals and corporations who, as we should expect, are the ones who�ve been screaming loudest about the recent scandals.
A related explanation may be that there�s been a failure by the opposition parties in articulating the cost to the common man of these various scams. Broad and sweeping condemnations of corruption don�t speak directly to the fact that the money lost could have been used for productive social ends. The talking heads on cable news channels and the pundits in print seem so caught up in the minute details of parliamentary and judicial procedures that they miss the forest for the trees.
The crux of the matter is this: government strategists have presumably deduced that none of these recent scams will be consequential at the polls. What animates the common man is not television debates between Anglicized lawyers who use fancy words but fundamental issues such as food, water and land. Despite all of our economic progress, there remains a fundamental divide between the interests of the urban middle and upper classes and of the poor, whether urban or rural.
Until that changes, the price of onions will always be politically more salient than whatever corruption scandal is making headlines, and will dictate electoral fortunes.
Do you agree? Share your thoughts in the Comments section.
Are we a democracy in name only? Is the Indian electorate apathetic? Why aren�t people marching in the streets protesting the recent spate of corruption scams?
Well, OK, some marched last Wednesday as the BJP sponsored demonstrations against corruption in the major metros. But it was hardly a spontaneous and large-scale outpouring of popular disaffection. And it was rather late at that.
While India�s political classes and the English speaking elite are working themselves into a rhetorical frenzy over the succession of scandals that have beset the United Progressive Alliance government, contrast this to the apparent complete lack of engagement by the common man. While most Indian commentary has focused on the political intrigue within Delhi, Paul Beckett in the WSJ remarked on the fact that �this is the sort of event that in a less apathetic democracy would lead to genuinely convulsive outrage.�
At least every five years, India is a vibrant democracy, with a high participation rate and a robust tendency to punish incumbents who perform poorly, even more so than in most Western democracies. But why do we become so lethargic in between? Where are the convulsions that we surely should be seeing?
Recently, I�ve been posing this question to just about everyone I meet from Mumbai taxi drivers, construction crew in the neighboring apartment, Twitter followers, and whomever else I can buttonhole. Some professed no interest, saying that all of their energy and time are occupied by putting food on the table. Others expressed a sense of helplessness: �I�m a day laborer barely making ends meet; how can I influence what these big politicians do? Who will listen to me?�
This sense of resignation needs to be questioned. If common folk felt that helpless, why would they bother to vote in such large numbers and turf out politicians they don�t like every time an election comes around? As the recent state election in Bihar demonstrates, voters are quite prepared to reward good governance and punish grandstanding populism. Clearly, as an electorate, we�re responsive and agile when we want to be.
So what�s going on?
One hypothesis is that people largely see this as political theater. So long as the economy is booming and there�s no direct impact on their pocketbook, it�s business as usual. Let�s not forget when existential questions such as land acquisition or the price of staples are at issue, we do see the common man coming out on the streets and expressing his displeasure, forcing governments to react. Witness the recent uproar over the price of onions.
The estimated $40 billion loss to the exchequer from selling the 2G spectrum below its value is money not spent on electrifying Indian towns and villages, building schools and hospitals, etc. Why don�t people see it this way? It is not merely a �presumptive� loss as Kapil Sabil contended to Barkha Dutt on NDTV recently but a real economic loss. After all, a rupee not earned is a rupee wasted.
Another reason could be that two-thirds of the people are poor and don�t pay much in the way of income taxes. Perhaps they don�t see the recent scams as costing them. Contrast this to the West where every allegation of government money misused is widely portrayed as a waste of taxpayers� money and galvanizes opposition. In India, the bulk of the tax base is rich individuals and corporations who, as we should expect, are the ones who�ve been screaming loudest about the recent scandals.
A related explanation may be that there�s been a failure by the opposition parties in articulating the cost to the common man of these various scams. Broad and sweeping condemnations of corruption don�t speak directly to the fact that the money lost could have been used for productive social ends. The talking heads on cable news channels and the pundits in print seem so caught up in the minute details of parliamentary and judicial procedures that they miss the forest for the trees.
The crux of the matter is this: government strategists have presumably deduced that none of these recent scams will be consequential at the polls. What animates the common man is not television debates between Anglicized lawyers who use fancy words but fundamental issues such as food, water and land. Despite all of our economic progress, there remains a fundamental divide between the interests of the urban middle and upper classes and of the poor, whether urban or rural.
Until that changes, the price of onions will always be politically more salient than whatever corruption scandal is making headlines, and will dictate electoral fortunes.
Do you agree? Share your thoughts in the Comments section.
jayleno
10-01 07:58 PM
I'm a great fan of Obama for what he has achieved so far and in all probability he will win in Nov. I hope the new CIR will not be similar to CIR 2007 as far legal immigration is concerned. After 8 years of paying taxes I would definitely feel greatly disappointed if we get a raw deal for being legal
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