Saturday, July 9, 2011

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  • sanju
    08-06 06:16 PM
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  • Macaca
    05-12 05:53 PM
    A Right of All Citizens
    Why naturalized Americans should be allowed to run for president. (http://www.tnr.com/article/politics/88161/obama-birther-constitution-natural-citizens-president)
    By Randall Kennedy | The New Republic

    The controversy over President Barack Obama�s birth certificate reveals that more is wrong with the United States than the presence of demagogues, bigots, and cranks. After all, the foundation of the birthers� allegation was the Constitution of the United States, specifically Article II, which declares that �[n]o person except a natural born Citizen of the United States, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.� That provision invidiously discriminates against the many Americans (nearly 17 million in 2009) who were born abroad and have become naturalized citizens. Few people have realistic prospects of winning the country�s top elective office whatever their background. But excluding certain citizens from consideration based merely on nativity is unjust and self-destructive. It makes second-class citizens of naturalized citizens by suggesting that they are somehow not as American and not as trustworthy as �real� Americans who are native-born. It also deprives the United States of putting to use at the apex of government the manifold talents of all American citizens.

    The natural-born citizen requirement received little attention at the constitutional convention of 1787. Historians trace it to a recommendation made to George Washington by John Jay, who later became the first chief justice of the Supreme Court. �Permit me to hint,� Jay remarked in a letter, �whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in Chief of the American army shall not be given to nor evolve on, any but a natural-born Citizen.� In other words, some in the founding generation feared that the foreign-born might retain a secret or latent loyalty to their land of birth. Another fear was that European powers might insinuate within the new republic agents who would rise to power, subvert the young democracy, and reimpose monarchy. The �general propriety of the exclusion of foreigners � will scarcely be doubted by any sound statesmen,� Justice Joseph Story declared in his Commentaries on the Constitution of the United States. �It cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office.�

    Whether or not this absolute bar based on nativity made sense at the founding, it is now dangerously unfair and unwise. It stigmatizes all immigrants, expressing in the fundamental law of the United States a judgment that they are irremediably flawed, forever cast under a pall of increased suspicion, perpetually labeled as less fully American than fellow citizens who happen to have been native-born. Idolatry of place of birth is a rank superstition. Nativity indicates nothing about a person�s willed attachment to a nation, a polity, or a way of life. Nativity denotes an accident of fate over which an individual has no control.

    Many continue to believe that, at least with respect to the presidency, being born abroad, no matter what one�s contribution to the country, raises a sufficient question to warrant ineligibility. �I don�t think it is unfair to say the president of the United States should be a native-born citizen,� Senator Dianne Feinstein declared several years ago at a hearing of the Senate Judiciary Committee devoted to considering a proposal to amend the natural-born citizen exclusion. �Your allegiance is driven by your birth.�

    Feinstein�s intuition is wrong. On the one hand, there are the numerous examples of immigrants who, having chosen to become citizens, have poured their all into the development and defense of this country�including about 700 persons, born abroad, who have been awarded the nation�s highest military award for bravery, the Medal of Honor. On the other hand, there are native-born Americans who have disgraced themselves and endangered their neighbors by despicable acts of betrayal. One thinks here of Robert Hanssen, the CIA double-agent; Timothy McVeigh, the Oklahoma City bomber; and John Walker Lindh, the American Taliban soldier. Defenders of the exclusion of foreign-born citizens sometimes express fear of a �Manchurian Candidate,� alluding to the novel by Richard Condon and two spinoff films that portray the danger posed by brainwashed officials who rise to high positions. But the exclusionists seem to forget that the fictional characters to whom they refer were American-born.

    The natural-born exclusion fetishizes nativity. When it comes to assessing loyalty, what should matter is indicia of demonstrated allegiance. But, even if one attaches significance to the socialization that a person experiences growing up, a focus on mere nativity is misleading. As noted by Sarah Helene Duggin and Mary Beth Collins in their excellent 2005 Boston University Law Review article, �Natural Born� in the USA,� under our current rule, �An infant born in one of the fifty states but raised in a foreign country by non-United States citizens could serve as President, while a foreign born child adopted by United States citizens at two months of age and raised in the United states would not be eligible to become President.�

    The Constitution�s invidious discrimination against immigrants is constantly overlooked. In 2004, at the Republican National Convention, the governor of California, Arnold Schwarzenegger, proclaimed that, in America, �it doesn�t make any difference where you were born.� Obviously, though, that was and is erroneous. Because of the natural-born exclusion, Schwarzenegger could never hope to be president since he was born in Austria. Other prominent Americans who have similarly been disqualified from the presidency include John Shalikashvili, former chairman of the Joint Chiefs of Staff; Madeleine Albright, former Secretary of State; and Lowell Weicker, former United States Senator. There are many good reasons why former Secretary of State Henry Kissinger should never have been considered for the presidency; that he was born in Germany should not have been one of them.

    In 2008, in a speech entitled �The America We Love,� then-Senator Barack Obama asserted that an �essential American idea� is the belief that �we are not constrained by the accident of birth but can make of our lives what we will.� What he stated should be an essential idea and practice. If it was, we would have been spared the depressing furor over his birth certificate because where he was born would be irrelevant to assessing his fitness for the presidency.

    Writing in the Constitution�s bicentennial year, William Safire declared that the �blatantly discriminatory eligibility clause is a blot on the national escutcheon and an anachronistic offense to conscience.� Why, he asked, �do we allow Jay�s outmoded suspicion to dry up our talent pool and insult our most valuable imports?� Why, indeed? We ought to amend the Constitution by removing the natural-born citizenship requirement. We ought to free the American people to decide whom they want as their president. Place of birth should pose no bar.

    Randall Kennedy is the Michael R. Klein Professor of Law at Harvard University and the author of The Persistent Color Line: Racial Politics and the Obama Presidency (Pantheon Books, August 2011)


    What Mr. Obama can do to further immigration reform (http://www.washingtonpost.com/opinions/what-mr-obama-can-do-to-further-immigration-reform/2011/05/05/AFzt8fsG_story.html) The Washington Post Editorial
    Can Business Change the Immigration Debate? (http://blogs.cfr.org/oneil/2011/05/11/can-business-change-the-immigration-debate/) By Shannon K. O'Neil | Council on Foreign Relations
    Get moving on immigration reform (http://www.latimes.com/news/opinion/opinionla/la-ed-immigration-20110512,0,5217717.story) Los Angeles Times Editorial
    The state of play on immigration reform (http://www.washingtonpost.com/blogs/ezra-klein/post/the-state-of-play-on-immigration-reform/2011/05/09/AFR5sPrG_blog.html) By Ezra Klein | Washington Post
    Obama's Immigration Reform Vision: Clouded by Cynicism (http://www1.realclearpolitics.com/articles/2011/05/12/obamas_immigration_reform_vision_clouded_by_cynici sm_109830.html) By Mark Salter, RealClearPolitics
    Citizen children and life under the radar (http://www.latimes.com/news/opinion/commentary/la-oe-yoshikawa-immigration-20110512,0,6784773.story) By Hirokazu Yoshikawa | Los Angeles Times
    Immigration reform and border security: Obama's standards (http://www.csmonitor.com/Commentary/the-monitors-view/2011/0510/Immigration-reform-and-border-security-Obama-s-standards) CS Monitor Editorial





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  • nojoke
    04-06 04:00 PM
    It was crazy till last year. Things started going south from this year begining. I am seeing foreclosures and auctions here in bay area. There are price reductions of 100K in the mls listings. This is just starting. It is a matter of time. Some more quotes...
    -----------------------------------
    “Bay Area home sales have plummeted to their lowest level in two decades, making the wait between commission checks unbearable for many agents. Bonnie Stevens, an agent in Pleasanton, began her real estate career in 1995, at the end of the market’s last down cycle.”

    “‘This is actually worse than 1995. There are agents in my office who have been in the business for 30 years telling me that this is the worst they’ve seen,’ she said.”

    “During her 13 years as an agent, a good year for Stevens has meant selling 15 to 18 homes. So far this year, she’s sold only one.”





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  • unitednations
    03-26 05:29 PM
    UN,
    Thanks for sharing your thoughts on this. As always, your time is highly appreciated.

    So I assume in the Baltimore case, the 485 eventually did get approved (or if still pending, the USCIS atleast okayed the switch back to the petitioning employer despite the 140 revocation).

    And yes, I am talking about cases where the 140 was revoked for genuine ability to pay reasons and not so the underlying labor could be substituted for someone else.


    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.



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  • ScratchingHead
    10-01 01:28 PM
    For the record the raising of the FDIC limit was proposed by John Blunt and not Obama. One article spinned it to show that Obama proposed it and then that news got the most clicks and now everyone says that he proposed the limit.

    Thats because the rich folks all of sudden who have more then 100k in their accounts felt unsecured and obviously the US government for the rich is helping the rich.





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  • ItIsNotFunny
    03-27 09:02 AM
    10 Reasons to Lobby for your cause (http://www.independentsector.org/programs/gr/10ReasonstoLobby.pdf) (courtesy krishna.ahd)

    For many of us, lobbying is something other people do�people who wear fancy clothes and buy politicians lunch at expensive restaurants. But lobbying, or more simply, trying to influence those who make policies that affect our lives, is something anyone can do. And it is something all of us should do if we believe in a good cause and in a democratic form of government. Read on to find out why.

    ......


    Very nice post.



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  • crystal
    07-07 10:18 PM
    related article on murthy for the Inadvertent Unauthorized Employment


    http://www.murthy.com/news/n_hombus.html

    http://www.murthy.com/news/n_nscuna.html

    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..





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  • yabadaba
    11-15 11:54 AM
    its embarrasing to see a journalist fall down the hole like that. I dont think he realizes that he works at CNN and not at Fox. Nobody else spins it along with him. Wolf Blitzer and the rest dont pay any attention to him. Even during the election results night the only thing he was asked to do was ask a couple of senators for their impression on how the results were looking.

    The problem with Lou is that he goes on air every day and tells the American people that if they are having a miserable time or not saving enough money or their kids are not studying hard enough it is the fault of immigrants and corporations.

    If there is a "perceived" class divide, it is because there are certain segments of the society that live beyond their means, dont save up for a rainy day and are not vested in their financial future. If you want your kid to go to college you have to be with them, talk to them and work through their issues with them. It is always easy to blame someone that is of a different color or of a different background for your problems but it is not the solution.

    Outsourcing was an integral part of doing business in America even before India got involved. Ireland was the number 1 destination for outsourcing for years. They were never featured in the news. The thing is showing a bunch of indians sitting around and answeing calls has more shock value as compared to showing Irish people which would probably not register as it might seem like a call center right here in the US.

    What Lou doesnt get is that his hateful tirade has prejudiced the minds of whatever demographic that he caters to. This inturn leads to everyday issues that we as immigrants face; whether it is a coworker who keeps prodding us about how jobs are going overseas, bad customer service at a restaurant or at the grocery store and sometimes hate crimes where one of us gets our head bashed in.



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  • fide_champ
    03-23 05:04 AM
    Immigration uncertainties should not be a reason for not buying a house in the US. In my opinion it�s always best to buy a house considering it as a long term investment � You will eventually build equity even though the present US housing market is in doldrums.

    I played the housing game differently to minimize the risks associated with my present immigration scenario (I am on 8th year H1B with I140 pending since Oct 2006)...
    1) I did not buy an expensive place even though I could easily qualify for $500K mortgage.
    2) I put only 3% down payment on my mortgage instead of conventional 20%. It was a difficult decision to make due to PMI but I feel more secure with cash liquidity.

    I am an optimistic person but here is my realistic backup strategy if anything falls apart due to immigration (Worse case scenario) -

    1) Sell the house and move out of the US (Housing market conditions could be a determining factor)
    2) Rent the house (I don't think this should be a problem... LOCATION is the key)
    3) Go into Foreclosure (Highly unlikely but you are destined to be screwed anyways)

    Does anyone have a better backup plan? Please share here :)

    That's interesting. You paid only 3% and how much loan you took and what's your monthly payment?

    You guys are providing me with lots of encouragement. I very much appreciate your suggestions or inputs.





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  • santb1975
    10-01 01:30 AM
    I am

    After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.

    Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.

    And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.



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  • NKR
    10-03 04:09 PM
    The choice between Obama and Mccain is not good and better but between worse and worst, or lesser of the two evils. Mccain might not do anything for us but he might not do anything bad either, with Obama\Dirbin CIR there is only bad and nothing good for EB.

    Let us give Obama a chance and see what he does… We are already in deep shit and nothing worse can happen





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  • raj2007
    04-12 08:10 PM
    For those of you who think housing will always go up and those that think it will back in few years..
    http://cosmos.bcst.yahoo.com/up/player/popup/?rn=3906861&cl=7322611&ch=4226720&src=news

    I don't think it's good time to buy in CA.. Just wait for option ARM reset and market will drop more.



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  • unitednations
    07-09 11:57 AM
    Very insightful.

    So in essence they give the boiler plate RFE's to drag you into a trap and once you oblige with the irrelevant info asked for in the RFE's, then the game is over. so we need to be very careful with the information we provide and need to be consistent no matter what is asked for.

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.





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  • axp817
    03-26 05:52 PM
    Does this mean that H1B is also location specific?

    Per my understanding, it absolutely is. An LCA amendment has to be filed each time there is a location change outside of commutable distance from the original location for which the H-1B was filed.



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  • learning01
    05-24 01:00 PM
    It's a request.





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  • file485
    07-07 10:14 PM
    Actually ..I had even read somewhere in these forums, that 'out of status' etc will be considered since the last entry into the country..

    in your case, if he re entered into the country in 2002, the previous status should not be considered...but we can never argue with the immigration officers,once it gets into their head,they can be the most 'sanki' guys..

    take appt with Rajiv Khanna/Murthy without wasting any minute further..



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  • sanju
    04-08 09:07 AM
    of course not....
    The provision defeats the purpose of whole whistle blower clause...

    Oh ok. Sorry, I was not sure about the message of your earlier post.

    And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.





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  • simple1
    06-05 01:00 PM
    The arguments like the following works for gc/usc only, who can stay put even after loosing job. The H1b has to leave the country.
    - best time to buy
    - inflation level of the real high prices
    - lock low interest rates now.
    - clean/strong foreclosure houses available now.
    - federal incentive to buy house.
    - downpayment assistance.
    - etc.





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  • BharatPremi
    03-27 05:20 PM
    what is LTV ratio ? I guess DTI is debt to income ?
    I agree with all the above ..so if u have a house and can refi ..good. have a GC and u get a good deal- good. EAD in these shaky conditions - not so good.
    one thing is for certain - in our life time, most likely we will never see such price appreciations. maybe appreciations of 4 percent ..which is effectively 1 % appreciation - if inflation is 3%).

    LTV - Loan To Value ratio. For an example, the home you want to buy is in the market for 500,000/- You can have 400,000/- maximum as a "First Mortgage" and that is 80%. That is the limit Governmanet has put on first mortgage and applicbale to all loans Confirming/FHA/ARMs etc..

    Note: Since last 15 days amny lenders have started new ball game, If LTV is crossing 70%, the charge "Delievry Fees" which is equivalent to 1/2 point.

    Now your first and second loans should not exceed 90% combinely inmost cases and in case of FHA loans that is allowed till 95% limit. 100% loan days are completely gone now.





    logiclife
    07-10 10:14 AM
    Did anybody contradict this caller on the show? Is the recorded show available online?

    We got the CD from studio which we will try to upload on the website. Yes, we did counter that guys. Carl said that the slaves Mike is talking about drive in BMWs and Mercedes to his law firm and majority of his immigrant clients on H1B make more than 100K a year in California.

    We also explained that there are safeguards in place both at temporary visa level like H1B and permenant visa (Green Card) to protect the American worker. The Department of labor has to certify that a willing, qualified, available American citizen could not be found for the position for which a foriegn worker is being hired and the foriegn worker is being paid the wages commensurate with prevailing wages. That pretty much was the rebuttal to "H1B slaves are driving down wages" theory.





    NKR
    04-05 10:24 AM
    fide_champ,

    Check your pm



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