unitednations
07-09 11:06 AM
I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
wallpaper Map data cc-by-sa
matreen
07-13 07:26 PM
I think we should support this letter and push for it.
I understand IV is doing a great job towards our issues and at the same time CIS putting their efforts to come up with some kind of solutions and they are making changes to resolve the backlog issue.
CIS better understand that EB3 preference also backloged not only EB2 and required some attention. Why don't they inherit the left over visas for fiscal year to both catageries not only EB2 to balance movement. This is also a acceptable change if we fight in order to clear the backlog for both the catageries....EB3 can't be ignored 100%......we are also hoping and dreaming our future and can't live blindly by doing nothing....
Definatley we need IV support on this to have justice with EB3.
Thanks IV.
I understand IV is doing a great job towards our issues and at the same time CIS putting their efforts to come up with some kind of solutions and they are making changes to resolve the backlog issue.
CIS better understand that EB3 preference also backloged not only EB2 and required some attention. Why don't they inherit the left over visas for fiscal year to both catageries not only EB2 to balance movement. This is also a acceptable change if we fight in order to clear the backlog for both the catageries....EB3 can't be ignored 100%......we are also hoping and dreaming our future and can't live blindly by doing nothing....
Definatley we need IV support on this to have justice with EB3.
Thanks IV.
file485
07-11 08:03 AM
pthoko..
wait for UN's reply..
but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
wait for UN's reply..
but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
2011 Gold Coast - Surfing in Gold
dixie
05-24 11:59 AM
Folks,
I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.
So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?
if you think he is only against INCREASING H1-B visas, but is happy with you and I continuing here on that visa and go on to get GCs, then you are fooling yourself. He is the one primarily responsible for spreading the myth that H1-B workers pay no taxes.To this day, my co-workers openly envy me , because I supposedly dont pay any taxes !!!
If you go through the transcripts of his shows over the last 4-5 years, he is stauncly against everything foriegn, period. He hates H1-Bs, absolutely hates indian call centers , hates cheap chinese goods, hates illegal aliens ... he is not just anti-immigrant, he is xenophobic.
The reason he is so popular is because he appeals to populist sentiments .. its the easiest thing in the world to blame foreigners when the economy is bad and believe everything will be hunky-dory if they are kicked out.
And by the way, I dont see anything wrong in increasing H1-B visas .. after all most of us are here on that visa .. if there is a market demand for them, I see no rational in depriving american employees from hiring foreigners legally. By that logic, are we going to oppose increasing EB green cards once we get our own?? Thats plain hypocrisy.
Nobody riles me more than lou dobbs .. not tancredo, not sessions, not even FAIR. Because, unlike his worthy friends, he has access to idiot boxes all around america on a daily basis.
I think if you one wants to eliminate or significantly reduce the number of H1B's or immigrant visas, then you can go ahead and label that person "anti-immigrant". I would be with you, saying that is definitely negative to America.
So far I haven't seen Lou Dobbs doing that though. All the time I watch the program I see that man bringing up legitimate concerns. Lou Dobbs is a hero for Americans. The fact is that in general, wages have been stagnated for the last five years. What I have seen Lou Dobbs bringing up is that H1B numbers should not be increased. Don't you think that is a fair and rational approach ? Tell me. Honestly, when I learned this provision that they want to increase H1B visas at 20% every year, that appeared quite of a stretch to me. Folks, please be more rational and thoughtful please ?
if you think he is only against INCREASING H1-B visas, but is happy with you and I continuing here on that visa and go on to get GCs, then you are fooling yourself. He is the one primarily responsible for spreading the myth that H1-B workers pay no taxes.To this day, my co-workers openly envy me , because I supposedly dont pay any taxes !!!
If you go through the transcripts of his shows over the last 4-5 years, he is stauncly against everything foriegn, period. He hates H1-Bs, absolutely hates indian call centers , hates cheap chinese goods, hates illegal aliens ... he is not just anti-immigrant, he is xenophobic.
The reason he is so popular is because he appeals to populist sentiments .. its the easiest thing in the world to blame foreigners when the economy is bad and believe everything will be hunky-dory if they are kicked out.
And by the way, I dont see anything wrong in increasing H1-B visas .. after all most of us are here on that visa .. if there is a market demand for them, I see no rational in depriving american employees from hiring foreigners legally. By that logic, are we going to oppose increasing EB green cards once we get our own?? Thats plain hypocrisy.
Nobody riles me more than lou dobbs .. not tancredo, not sessions, not even FAIR. Because, unlike his worthy friends, he has access to idiot boxes all around america on a daily basis.
more...
pappu
08-06 11:10 AM
PS.: When there is flood in Gangaji then it is not revered, only when it is within its banks it is revered and does good for society
Wow. That was deep. :D
Wow. That was deep. :D
rbharol
11-14 09:39 PM
If he keeps doing this, soon people will know what he is up to and will stop taking him seriously....
more...
myuname
04-06 10:44 PM
I guess the only way US of A will ever understand its worth in the world is when: (I am just referring to hypocritical US of A'ans, there are good people too.)
1) India and China stop sending so many Engineers and doctors.
2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's
I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.
Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
1) India and China stop sending so many Engineers and doctors.
2) China and south-east Asia stop supplying Nike's and toilet paper to Walmart's
I guess the positive side of this H1 bill will be further development of Indian and Chinese economies via decreased brain-drain. I guess it already slowed down (to a trickle?!) quite a bit in the past few years and I Hope this bill plugs the leaks too. Hurray! No more brain drain from India and China.
Why didn't this happen a few years ago and I wouldn't even have had any regrets being in US of A ever. Yikes!
2010 Map of the Dutch, Portuguese,
unitednations
08-08 04:26 PM
UN,
Glad to see you back in the forums!
Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?
If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?
I had posted before. They don't know exactly when they are going to send out the case. They may have told you they sent it and then you go and they actually send it later and you were not in usa when uscis received it.
package gets returned due to missing signatures, initial evidence, etc. and they need you to be here to file it again.
Leaving after August 17th if you have a valid h or L visa you are safe even without the receipt notices.
Glad to see you back in the forums!
Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?
If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?
I had posted before. They don't know exactly when they are going to send out the case. They may have told you they sent it and then you go and they actually send it later and you were not in usa when uscis received it.
package gets returned due to missing signatures, initial evidence, etc. and they need you to be here to file it again.
Leaving after August 17th if you have a valid h or L visa you are safe even without the receipt notices.
more...
bondgoli007
01-06 05:34 PM
My point is, they keep the spotlight on Hamas and go kill as many innocent civilians as possible.
Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
:-) your argument or your feeble attempt at it is quite pathetic.
No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.
If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....
I will concede one point to you...you do know the meaning of hate...and you know it well..
Peace be with you...if it can.
Even when they kill school kids, we still blame Hamas. We don't blame the killer and try to stop their mad actions. Thats my point.
:-) your argument or your feeble attempt at it is quite pathetic.
No one on this forum feels any less sad on the happenings in Gaza as you but at the same time no one is demanding sympathy the way you are....not to mention the bare display of your own rage and hypocrisy on discussions on Islamic terrorism which everyone except you feels is a major cause of the tragedy in Gaza.
If you want to do something constructive, put is in proper language...on the contrary you ignited a war of words between you and the rest of the member all of whom you reckon are "muslim haters"....
I will concede one point to you...you do know the meaning of hate...and you know it well..
Peace be with you...if it can.
hair Map of the Dutch, Portuguese,
diptam
09-26 04:37 PM
Just Kidding - reading your post i was feeling like I'm reading a comment from Fox News. However i do respect your opinion and thanks for expressing it.
My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.
The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.
Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.
For arguments sake :)
if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
as you say 'lets take it EZ'
My Point is more long term - in the shorter term no major change can happen to economy even if Barack wins but eventually Economy would be stronger under Barack's leadership. He also stressed that he would stop "JOBS BEING SHIPPED OVERSEAS" which means companies like TATA or INFY or some Chinese company taking my Job ( or any American's Job ) away from US to INDIA or CHINA. If you are planning a future in US - you would not want your US job taken away by your brother at INDIA or CHINA and Barack will make sure that doesn't happen.
The Bottonline is he will create tons of Jobs at US , so unemployment will be very low , average peoples will be happy and however loud ANTI-IMMIGRANTS scream and shout no AMERICAN will pay attention. Our EB reforms will Pass much easily and we will be able to able to lead a much happier and content life with GREEN CARD.
Once again my Point is definitely Long Term - in the shorter duration Barack has to first fix the Mortgage Mess and do something with Iran by taking help from EUROPE.
For arguments sake :)
if Barak wins the skies will part, unemployment will disappear, GCs will rain from the sky. Americans will hug Iran and peace will prevail....it is insane arguments like the one below that obamaphiles make, scares me about what will happen when he becomes the president. No legislative experience that is ok for him but not ok for Republican VP choice. Trashy ads from him are ok but no..no from the republicans. not a single major newspaper talks about his dealings with rezko or the 100k allocated to be spent on the garden. No major deatails on a single concrete proposal...reason being that public is not interested in the finer details. In the tank with major unions, look at the promises being made to them...anyways i dont get to vote i can look at all this dispassionately and watch it from far. He has a slick marketing campaing and the media loves him. Either ways my EB is so screwed i dont think either can help us out.
as you say 'lets take it EZ'
more...
kaisersose
04-15 10:22 AM
We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.
Banks are asking 5% down payment and 10% if the real estate market in that area is not currently stable.
If you are a first time buyer, you will have several other costs to foot such as
Closing costs
Moving costs
Apt lease breakage (if applicable)
Initial basic furnishings at home that cannot wait
Plan for all this, and in general it s advisable to have some money squirreled away to pay bills during emergency situations such as layoffs. Since you have already decided to buy a home, the one thing I would tell you *not* to worry about for now is selling the home.
Banks are asking 5% down payment and 10% if the real estate market in that area is not currently stable.
If you are a first time buyer, you will have several other costs to foot such as
Closing costs
Moving costs
Apt lease breakage (if applicable)
Initial basic furnishings at home that cannot wait
Plan for all this, and in general it s advisable to have some money squirreled away to pay bills during emergency situations such as layoffs. Since you have already decided to buy a home, the one thing I would tell you *not* to worry about for now is selling the home.
hot Slave Coast and Gold Coast.
NKR
08-05 08:28 AM
What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished TWICE for no fault of his?.
"Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.
If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.
I hope i have made my point clear? Thanks.
I am EB2 and I do not support this idea. Just imagine, someone could have applied in EB3 though he was qualified for EB2 because he was ill advised by his lawyers or employers. Why should he be punished TWICE for no fault of his?.
more...
house 1 The Gold Coast Leader was
Macaca
05-09 05:48 PM
Utah's Immigration Model (http://online.wsj.com/article/SB10001424052748703859304576304942483922996.html) Wall Street Journal Editorial
If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.
In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."
That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?
Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.
Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.
Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.
Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?
States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.
Immigration: A better farm worker fix (http://www.latimes.com/news/opinion/opinionla/la-ed-visa-20110509,0,7562015.story) Los Angeles Times Editorial
U.S. Warns Schools Against Checking Immigration Status (http://www.nytimes.com/2011/05/07/education/07immig.html) By KIRK SEMPLE | New York Times
Is the Asian Century upon us? It depends (http://www.theglobeandmail.com/news/opinions/opinion/is-the-asian-century-upon-us-it-depends/article2011668/) By HARUHIKO KURODA | Globe and Mail Update
Immigration North of the Border (http://www.huffingtonpost.com/hazeen-ashby/immigration-north-of-the-_b_857441.html) By Hazeen Ashby | The Huffington Post
Another project in trouble
First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (http://www.economist.com/node/18618525)
The Economist
Smugglers Guide Illegal Immigrants With Cues via Cellphone (http://www.nytimes.com/2011/05/09/us/09coyotes.html) By MARC LACEY | New York Times
As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions (http://www.nytimes.com/2011/05/04/nyregion/barriers-to-lawyers-persist-for-immigrants.html) By SAM DOLNICK | New York Times
Lawyers for Immigrants (http://www.nytimes.com/2011/05/09/opinion/l09immig.html) Letters | New York Times
If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.
In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."
That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?
Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.
Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.
Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.
Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?
States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.
Immigration: A better farm worker fix (http://www.latimes.com/news/opinion/opinionla/la-ed-visa-20110509,0,7562015.story) Los Angeles Times Editorial
U.S. Warns Schools Against Checking Immigration Status (http://www.nytimes.com/2011/05/07/education/07immig.html) By KIRK SEMPLE | New York Times
Is the Asian Century upon us? It depends (http://www.theglobeandmail.com/news/opinions/opinion/is-the-asian-century-upon-us-it-depends/article2011668/) By HARUHIKO KURODA | Globe and Mail Update
Immigration North of the Border (http://www.huffingtonpost.com/hazeen-ashby/immigration-north-of-the-_b_857441.html) By Hazeen Ashby | The Huffington Post
Another project in trouble
First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (http://www.economist.com/node/18618525)
The Economist
Smugglers Guide Illegal Immigrants With Cues via Cellphone (http://www.nytimes.com/2011/05/09/us/09coyotes.html) By MARC LACEY | New York Times
As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions (http://www.nytimes.com/2011/05/04/nyregion/barriers-to-lawyers-persist-for-immigrants.html) By SAM DOLNICK | New York Times
Lawyers for Immigrants (http://www.nytimes.com/2011/05/09/opinion/l09immig.html) Letters | New York Times
tattoo and the Gold Coast.
yagw
08-20 02:40 AM
Little Johny's first day in pre-school, the teacher gave a little test. She asked the kids to close their eyes and stick the tongue out. She then put honey drops and asked them to guess what it is. When no one was able to, the teacher decided to give a hint.
"children, its how your mom calls your dad.. well, most of the time anyways"
On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"
"children, its how your mom calls your dad.. well, most of the time anyways"
On hearing this, Little Johny screamed, "SPIT IT OUT GUYS... ITS A** HOLE"
more...
pictures Fullsize Ivory Coast Map
sc3
07-14 12:18 PM
Bear this in mind. We are not opposing because EB2 is getting the number, we are opposing because USCIS arbitrarily changed the law -- without any legislative approval. Remember, they changed the OPT rules and they are now facing lawsuit.
You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.
You seem to be saying that we are petty in making our demands, and also suggestion (I have got personal comments) that we are causing a rift among the team. I say NO. We are not causing the rift. You did that, we are just highlighting our plight.
dresses Comfort Inn Gold Coast
unitednations
03-24 03:23 PM
UN,
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Ofcourse I am unbias.
I can't even begin to think how many people I know; cases I know from people who are from india.
I'd say that it is less then 3% from people with other countries.
As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.
Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.
Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.
btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.
I can't help asking this.
I have been following your posts for a while. I know you are quite knowledgeable in immigration.
But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.
I like to believe you are unbiased. Please let us know.
Ofcourse I am unbias.
I can't even begin to think how many people I know; cases I know from people who are from india.
I'd say that it is less then 3% from people with other countries.
As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.
Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.
Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.
btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.
more...
makeup Armor All Gold Coast 600 Track
Macaca
12-30 04:19 PM
But today, as the year ends, the netroots activists who adored Reid at the start of the new Congress have begun turning on him, musing out loud about encouraging senators to oust him as leader. They complained that Reid's Senate caved - allowing continued tax breaks for oil companies, approving a new attorney general who wouldn't call waterboarding torture, breaking the pay-as-you go promise by approving a tax break without a tax hike on the rich.
Some liberal lawmakers believe the way to accomplish their goals is for Reid to put even more pressure on Republicans to break. Democratic Rep. Barney Frank of Massachusetts, chairman of the House Financial Services Committee, said Reid should do more to "highlight who's obstructing."
"The one issue people have with Harry Reid, he's not embarrassing enough people," Frank said.
Jennifer Duffy, who analyzes Senate politics for The Cook Political Report, a nonpartisan firm in Washington, said the problem for Democrats isn't that they haven't delivered much more than the Republicans.
"It's that voters don't see a difference," Duffy said. "Voters are coming to the conclusion the parties are the same - not philosophically the same, but they conduct themselves in the same way."
Trying to end a war
Six weeks into the new Congress, as the promises of comity began to fade, Reid pulled a dramatic maneuver: He kept the Senate in session over Presidents Day weekend for a Saturday vote on Iraq.
Nine Republicans failed to show up, including Nevada's John Ensign, who was back home playing golf with his son. The Republican whip, Sen. Trent Lott of Mississippi, praised the absences, saying the senators were right to gum up a vote that his side saw as a stunt.
The measure opposing Bush's troop surge failed to get 60 votes needed to advance. But it helped set the stage for a poisoned atmosphere that would dominate the Iraq debate for the year.
The Senate conducted 34 votes on Iraq. Only once did a measure to bring troops home succeed. Bush vetoed it.
Critics say Reid spent too much time on Iraq, that it became personal. He called it "Bush's war" and "the worst foreign policy blunder in the history of our country."
By spring, as it became clear he could not find enough votes to override the president on Iraq votes, he embraced the party's left wing by putting his name on a bill to cut off troop funds.
Vote after vote only hardened Republicans' resolve.
Anti-war activists grew furious with Reid. All the while, the clock ticked down and other business went undone.
"If you're going to criticize him, you can criticize him for allocating so much floor time to the debate when it was pretty clear it wasn't going to accomplish anything," Mann said. "And you can criticize him for his emotional investment."
Could Reid really have stopped trying? Opinion polls show that more than two-thirds of Americans continue to oppose the war.
The real question is whether Reid missed an opportunity to broker middle ground. As Republicans started speaking out against Bush's war policy in the summer months, Reid failed to entertain a more moderate bill - one without a withdrawal deadline - that could have peeled Republicans away from Bush.
Republican Sen. Susan Collins of Maine, who faces a tough reelection in 2008, said she finds it "frustrating that those of us who were trying to find a bipartisan path forward on Iraq were unable to get votes on our proposals. I think there was an opportunity to change the course in Iraq, and to send a strong message to the president about the future direction, but that opportunity was lost."
Julian Zelizer, a professor of history and public affairs at Princeton University who has written extensively on Congress, said leaders are judged by the choices they make. In his view, Reid made a mistake.
"The criticism the Democrats have been facing is they weren't aggressive enough," Zelizer said. "I think the bigger failure was that he didn't get something more moderate through. I think it would have been a blow to the administration."
By fall the mood in Congress shifted as news from Iraq improved. The moment had passed. Before Congress left for the holidays, lawmakers approved another war funding bill, with no strings attached.
"Great leaders realize there are just moments, windows of opportunity," Zelizer said, "and I think he missed."
Reid remains optimistic about his chances for securing Republican support in 2008. "We're going to continue putting the pedal to the metal," he said at his year-end news conference.
But the Democrats and Reid are clearly trying to find their way under the new terms of the Iraq debate.
Endgame
The Senate chaplain, a retired Navy rear admiral, opens each day's business with a prayer. On the last Monday of the session, he called on God to remind the senators "that ultimately they will be judged by their productivity."
The Senate had become gridlocked. Reid had threatened to do cartwheels down the aisle if it would help shake things loose.
Democrats had accomplished plenty this year - raising the minimum wage for the first time in a decade, adopting the most sweeping ethics laws since Watergate, crafting the greatest college loan assistance program since the GI bill, increasing automotive fuel efficiency standards for the first time in 30 years and providing unprecedented oversight of the Bush administration, leading to the resignation of the beleaguered attorney general.
Congress worked more days than in any session in years.
But all that seemed overshadowed by what it couldn't do. Stop the war. Provide health care for working-class kids. Address global warming by rolling back oil companies' tax breaks. Start a renewable energy requirement. End the torture of war prisoners.
Even passing the budget to keep the government running seemed dicey.
"It's been a really lousy year," said Norman J. Ornstein, a scholar at the American Enterprise Institute.
In this hyper-partisan environment, where Reid liked to say Republicans were conducting "filibusters on steroids," could another kind of majority leader have achieved better results?
Republican Sen. Chuck Grassley of Iowa, who was among those leading efforts to provide children's health insurance, said if not for Reid, the State Children's Health Care bill known as SCHIP wouldn't have progressed as far as it did.
Dozens of Republicans crossed party lines to back the bill, which polls show was supported by 70 percent of Americans. Children's health care would have been paid for by increasing the tax on cigarettes. Bush vetoed the bill twice.
Democratic Sen. Patrick Leahy, chairman of the Judiciary Committee, said even if "God himself" were in the majority leader's job, it would not have been a match for Republican obstructionism. Mann sums up Reid this way: "Were Tom Daschle and George Mitchell sort of smoother, were they more effective with the Washington press? You betcha. Could they make a more compelling, favorable case? Yes. Would either of them operating in this environment have a much more productive record? No."
By the office fireplace again
People say running the Senate is like herding cats, with 100 Type-A personalities going in every direction. But watching the Senate feels more like being at a baseball game - so much drama happens between the big home runs and base hits, even when it looks like nothing is going on at all.
The fire continues to burn strongly in Reid's office as snow covers the Capitol grounds. The workday is coming to a close. The Senate adjourns earlier than usual, without having taken a single roll-call vote. Christmas is almost here, and countless bills still needed to pass.
Reid is not one for regrets, or for comparing himself to those who held the office before his arrival.
"I can't be an Everett Dirksen, I don't have his long white hair, I don't have his voice. I can't be Mike Mansfield, I don't smoke a pipe," he says. "I just have to be who I am."
Reid's home state has benefited substantially from his rise to the majority leader's job, as Nevada has enjoyed financial and political gains from being home to arguably the nation's top elected Democrat.
But on the national stage Reid sees little more he can do when faced with Senate Republicans willing to stand beside Bush, even as they're "being marched over a cliff" for the next election.
He recalls his first alone time with Bush, years ago. "He was so nice, 'I'll work with you, try to get along with Democrats.' That's Orwellian talk. Because everything he said to me personally was just the opposite ... This is not Harry Reid talking, this is history.
"I try to be pleasant, he tries to be pleasant," Reid continued, "but there's an underlying tension there because he knows how I feel, that he's let down the American people by being a divider, not a uniter."
He holds no hard feelings against Pelosi for setting an ambitious agenda. "Next year she will better understand the Senate than she did this year."
In 2008 he has two legislative goals: "I would like to get us out of Iraq," he said. "I'd like to establish something to give Americans, Nevadans, the ability to go to a doctor when they're sick."
And one day, when this job is done, "I wouldn't mind being manager of a baseball team."
Some liberal lawmakers believe the way to accomplish their goals is for Reid to put even more pressure on Republicans to break. Democratic Rep. Barney Frank of Massachusetts, chairman of the House Financial Services Committee, said Reid should do more to "highlight who's obstructing."
"The one issue people have with Harry Reid, he's not embarrassing enough people," Frank said.
Jennifer Duffy, who analyzes Senate politics for The Cook Political Report, a nonpartisan firm in Washington, said the problem for Democrats isn't that they haven't delivered much more than the Republicans.
"It's that voters don't see a difference," Duffy said. "Voters are coming to the conclusion the parties are the same - not philosophically the same, but they conduct themselves in the same way."
Trying to end a war
Six weeks into the new Congress, as the promises of comity began to fade, Reid pulled a dramatic maneuver: He kept the Senate in session over Presidents Day weekend for a Saturday vote on Iraq.
Nine Republicans failed to show up, including Nevada's John Ensign, who was back home playing golf with his son. The Republican whip, Sen. Trent Lott of Mississippi, praised the absences, saying the senators were right to gum up a vote that his side saw as a stunt.
The measure opposing Bush's troop surge failed to get 60 votes needed to advance. But it helped set the stage for a poisoned atmosphere that would dominate the Iraq debate for the year.
The Senate conducted 34 votes on Iraq. Only once did a measure to bring troops home succeed. Bush vetoed it.
Critics say Reid spent too much time on Iraq, that it became personal. He called it "Bush's war" and "the worst foreign policy blunder in the history of our country."
By spring, as it became clear he could not find enough votes to override the president on Iraq votes, he embraced the party's left wing by putting his name on a bill to cut off troop funds.
Vote after vote only hardened Republicans' resolve.
Anti-war activists grew furious with Reid. All the while, the clock ticked down and other business went undone.
"If you're going to criticize him, you can criticize him for allocating so much floor time to the debate when it was pretty clear it wasn't going to accomplish anything," Mann said. "And you can criticize him for his emotional investment."
Could Reid really have stopped trying? Opinion polls show that more than two-thirds of Americans continue to oppose the war.
The real question is whether Reid missed an opportunity to broker middle ground. As Republicans started speaking out against Bush's war policy in the summer months, Reid failed to entertain a more moderate bill - one without a withdrawal deadline - that could have peeled Republicans away from Bush.
Republican Sen. Susan Collins of Maine, who faces a tough reelection in 2008, said she finds it "frustrating that those of us who were trying to find a bipartisan path forward on Iraq were unable to get votes on our proposals. I think there was an opportunity to change the course in Iraq, and to send a strong message to the president about the future direction, but that opportunity was lost."
Julian Zelizer, a professor of history and public affairs at Princeton University who has written extensively on Congress, said leaders are judged by the choices they make. In his view, Reid made a mistake.
"The criticism the Democrats have been facing is they weren't aggressive enough," Zelizer said. "I think the bigger failure was that he didn't get something more moderate through. I think it would have been a blow to the administration."
By fall the mood in Congress shifted as news from Iraq improved. The moment had passed. Before Congress left for the holidays, lawmakers approved another war funding bill, with no strings attached.
"Great leaders realize there are just moments, windows of opportunity," Zelizer said, "and I think he missed."
Reid remains optimistic about his chances for securing Republican support in 2008. "We're going to continue putting the pedal to the metal," he said at his year-end news conference.
But the Democrats and Reid are clearly trying to find their way under the new terms of the Iraq debate.
Endgame
The Senate chaplain, a retired Navy rear admiral, opens each day's business with a prayer. On the last Monday of the session, he called on God to remind the senators "that ultimately they will be judged by their productivity."
The Senate had become gridlocked. Reid had threatened to do cartwheels down the aisle if it would help shake things loose.
Democrats had accomplished plenty this year - raising the minimum wage for the first time in a decade, adopting the most sweeping ethics laws since Watergate, crafting the greatest college loan assistance program since the GI bill, increasing automotive fuel efficiency standards for the first time in 30 years and providing unprecedented oversight of the Bush administration, leading to the resignation of the beleaguered attorney general.
Congress worked more days than in any session in years.
But all that seemed overshadowed by what it couldn't do. Stop the war. Provide health care for working-class kids. Address global warming by rolling back oil companies' tax breaks. Start a renewable energy requirement. End the torture of war prisoners.
Even passing the budget to keep the government running seemed dicey.
"It's been a really lousy year," said Norman J. Ornstein, a scholar at the American Enterprise Institute.
In this hyper-partisan environment, where Reid liked to say Republicans were conducting "filibusters on steroids," could another kind of majority leader have achieved better results?
Republican Sen. Chuck Grassley of Iowa, who was among those leading efforts to provide children's health insurance, said if not for Reid, the State Children's Health Care bill known as SCHIP wouldn't have progressed as far as it did.
Dozens of Republicans crossed party lines to back the bill, which polls show was supported by 70 percent of Americans. Children's health care would have been paid for by increasing the tax on cigarettes. Bush vetoed the bill twice.
Democratic Sen. Patrick Leahy, chairman of the Judiciary Committee, said even if "God himself" were in the majority leader's job, it would not have been a match for Republican obstructionism. Mann sums up Reid this way: "Were Tom Daschle and George Mitchell sort of smoother, were they more effective with the Washington press? You betcha. Could they make a more compelling, favorable case? Yes. Would either of them operating in this environment have a much more productive record? No."
By the office fireplace again
People say running the Senate is like herding cats, with 100 Type-A personalities going in every direction. But watching the Senate feels more like being at a baseball game - so much drama happens between the big home runs and base hits, even when it looks like nothing is going on at all.
The fire continues to burn strongly in Reid's office as snow covers the Capitol grounds. The workday is coming to a close. The Senate adjourns earlier than usual, without having taken a single roll-call vote. Christmas is almost here, and countless bills still needed to pass.
Reid is not one for regrets, or for comparing himself to those who held the office before his arrival.
"I can't be an Everett Dirksen, I don't have his long white hair, I don't have his voice. I can't be Mike Mansfield, I don't smoke a pipe," he says. "I just have to be who I am."
Reid's home state has benefited substantially from his rise to the majority leader's job, as Nevada has enjoyed financial and political gains from being home to arguably the nation's top elected Democrat.
But on the national stage Reid sees little more he can do when faced with Senate Republicans willing to stand beside Bush, even as they're "being marched over a cliff" for the next election.
He recalls his first alone time with Bush, years ago. "He was so nice, 'I'll work with you, try to get along with Democrats.' That's Orwellian talk. Because everything he said to me personally was just the opposite ... This is not Harry Reid talking, this is history.
"I try to be pleasant, he tries to be pleasant," Reid continued, "but there's an underlying tension there because he knows how I feel, that he's let down the American people by being a divider, not a uniter."
He holds no hard feelings against Pelosi for setting an ambitious agenda. "Next year she will better understand the Senate than she did this year."
In 2008 he has two legislative goals: "I would like to get us out of Iraq," he said. "I'd like to establish something to give Americans, Nevadans, the ability to go to a doctor when they're sick."
And one day, when this job is done, "I wouldn't mind being manager of a baseball team."
girlfriend Burleigh Heads, Gold Coast,
pthoko
07-11 10:10 AM
pthoko..
wait for UN's reply
but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.
Thanks.
wait for UN's reply
but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...
AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..
* i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
* 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.
btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..
YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.
Thanks.
hairstyles Map data cc-by-sa
Macaca
12-30 07:11 PM
Judgment that risks tainting democracy (http://www.thehindu.com/opinion/op-ed/article1018825.ece) By VINAY SITAPATI | The Hindu
One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?
Around a single event
The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.
The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.
The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.
The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.
The final concern
The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.
The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.
The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).
The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.
The writer is a doctoral student working on law and politics in India
One thousand three hundred and twenty days after he was first arrested, Binayak Sen has been sentenced to life imprisonment for sedition against the Indian state. Narratives on his guilt portray him as an �intellectual� coordinating Naxal attacks in the red corridor, just as narratives on his innocence are of a sainted doctor fingered by a vengeful state. But the only narrative that really matters is the legal case against him, and this in turn hinges on three distinct legal questions: Is the evidence against Dr. Sen enough to convict him? Are the laws applied to him fair? And finally, is the maximalist sentence (life imprisonment) justified?
Around a single event
The evidence against Dr. Sen centres on a single event. He is accused of having met a jailed Naxalite, Narayan Sanyal, 33 times and carried letters from him to a Naxalite, Piyush Guha. But Dr. Sen met Sanyal in Raipur Central Jail with the permission of the Chhattisgarh police; the jail superintendent who supervised the meetings told the Raipur sessions court that no letters were exchanged. At the other end of the �crime�, Piyush Guha did not name him when he appeared before a magistrate. He is alleged to have implicated Dr. Sen while in police custody. But this is legally barred from being weighed as evidence, since all custodial confessions are presumed tainted with torture.
The central allegation against him is therefore tenuous at both ends. Other attempts to link him to Naxalites are individually trivial (or downright dubious, like an unsigned letter from the CPI-Maoists allegedly found in his house, but which is not part of the official seizure memo). But taken together they have managed to convince Justice B.P. Verma of Dr. Sen's role in aiding and abetting Naxal groups.
The second concern is the fairness of the laws used against Dr. Sen. Section 124A of the Indian Penal Code (Sedition) is a colonial-era law that has been previously invoked against Mohandas Karamchand Gandhi. Since it is a serious offence with the possibility of life in jail, in the 1962 case of Kedar Nath Singh v. State of Bihar the Supreme Court limited the definition of sedition to the �tendency to create disorder or disturbance of public peace by resort to violence.� Dr. Sen is convicted for acting as a letter courier between Naxalites; it is questionable if this �act� falls within the definition of sedition.
The other laws that Dr. Sen has been convicted under, the Chhattisgarh Special Public Security Act and the Unlawful Activities (Prevention) Act, make illegal a wide variety of actions that �support� unlawful activities: taking part in meetings or harbouring a Naxalite. These laws have been invoked against grain merchants and cloth traders who unwittingly sold their wares to Naxalites. Taken together, what all these laws do is to broaden the scope of what �guilt by association� means. Perhaps this is understandable in a State where Maoists are present in half of its 18 districts and requires an army of civilian supporters to sustain a war under forested cover. But fashioning a blunt legal tool to go after an elusive enemy enhances the risk of snaring innocents.
The final concern
The Congress party has declined to comment on the judgment, invoking the prerogative of an independent judiciary. It is no one's argument that the decision was politically determined. But political abuse includes the fairness of the laws formulated by the political class for judges to impose. After all, judicial independence must also consider the quality of laws that the Raipur sessions court had to enforce, and those laws define �guilt by association� so broadly that they blur the line between innocent and guilty.
The final concern is that of punishment. Dr. Binayak Sen has been sentenced to life imprisonment for conspiring to commit sedition. Sentencing ranges from three years to life in jail. Justifying the use of the maximalist sentence, Justice Verma's Hindi judgment points to �the way that terrorists and Maoists are killing ... paramilitary forces � and innocent Adivasis.� But surely there is a difference between CPI (Maoist) General Secretary Ganapati, a man with much blood on his hands, and a mere courier of letters between Naxalites? Even if Dr. Sen is guilty as charged, that charge is not of violence � something he has repeatedly spoken out against. To club varying actions together defeats the purpose of flexibility in sentencing, which is after all to permit the judge to recognise degrees of motivations and culpabilities.
The Raipur sessions court verdict is only the quarterfinal. Indian law affords Dr. Sen one automatic right to appeal, and another at the discretion of the Supreme Court. Meanwhile, given the visible disparity between the quality of allegations against him and the repercussions, the judgment is sure to provoke an outcry, if the national and international outrage over his two-year long arrest without bail is any indication (already Amnesty International has criticised the verdict).
The outcry will reverberate beyond one man. In 2009, a non-violent critic of the state was held guilty of sedition and sentenced to a lengthy spell in prison. That man's name is Liu Xiaobo, and the international focus on him dims the mandarin equivalent of India Shining. While the specific �crimes� of the 2010 Nobel Prize winner vary from those of Dr. Binayak Sen, the life imprisonment given to the Chhattisgarh doctor will surely discredit the justifiable struggle against Naxalism much as Mr. Liu's incarceration discounts the distance China has travelled since Tiananmen Square. Apart from the irreparable harm to the life of an individual and his family, the judgment risks tainting Indian democracy itself.
The writer is a doctoral student working on law and politics in India
unitednations
07-17 12:08 PM
UN..
from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
I am of the opinion that one should stay on h-1b as long as possible. As you can see a lot of people have started to go through their status issues. If one starts using EAD and employer revokes 140 then you will be in big problems.
Yes; I do know people who got greencard based on future base employment. Before Jan., 2005 it was an automatic interview if a person wasn't working with the petitioning employer when they filed the 485. However; now it doesn't cause an automatic interview.
When USCIS asks for tax returns/w2's in their RFE; they are checking whether you maintained status and also whether it is reasonable that you will be taking the job. That is; if you are currently employed with company a and your w2 is $120,000 but you are getting greencard through company b and the offered wage is $80,000 then uscis will question your intention.
from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
I am of the opinion that one should stay on h-1b as long as possible. As you can see a lot of people have started to go through their status issues. If one starts using EAD and employer revokes 140 then you will be in big problems.
Yes; I do know people who got greencard based on future base employment. Before Jan., 2005 it was an automatic interview if a person wasn't working with the petitioning employer when they filed the 485. However; now it doesn't cause an automatic interview.
When USCIS asks for tax returns/w2's in their RFE; they are checking whether you maintained status and also whether it is reasonable that you will be taking the job. That is; if you are currently employed with company a and your w2 is $120,000 but you are getting greencard through company b and the offered wage is $80,000 then uscis will question your intention.
smidreb
01-08 12:52 PM
Muslims are cowerds. They never come out in open and attack. They take the means of Jihad etc....
No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
Read the link below on how mean they are.
http://www.rense.com/general29/FAHD.HTM
Now this article states the Israel - Palestine conflict clearly.
God bless Israel. God has always been with Israel.
Intrestingly the artical also says...
The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan
No matter how highly educated they are. Their basic nature remains the same. Every Muslim country u name it has a problem with either their neighbouts. They do not belive in harmony an co existance. surprisingly they also fight among themselves.
Read the link below on how mean they are.
http://www.rense.com/general29/FAHD.HTM
Now this article states the Israel - Palestine conflict clearly.
God bless Israel. God has always been with Israel.
Intrestingly the artical also says...
The Muslim faith envisioned by the Prophet in the Koran and recorded by his contemporaries in the Hadith is a religion that practices tolerance towards all races and religions, stresses the extreme importance of literacy and education, and elevates the status of women to unprecedented levels in many societies. This is the gentle, peaceful Muslim faith practiced everywhere in the world, except in Saudi Arabia and the Taliban provinces of Afghanistan and Pakistan
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