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  • senthil1
    04-09 12:02 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.

    There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.

    Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.

    So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"

    I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?





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  • axp817
    04-07 01:28 PM
    I wonder what the chances are, of this passing and becoming Law and CIR not passing.

    Anyway, I am going to/already have started spreading the word, and will continue to support IV through funds and other means to help prevent this from happening.





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  • mrane1
    06-07 06:22 PM
    When it comes to house or condo or town house, it is always location location and location. If you think buying a house or condo just to put on rent is foolishness and not calculated risk, I cannot argue with you to fill up pages on forum and again I don't want to give you a lesson there. Like other things in life, you have discover your own way to make money may be in renting or may be owning a store or just doing your job.


    Any way, coming back to first time home buyers, it is once in lifetime opportunity to get houses in high demand areas, and if people have good solid job (or multiple income sources with working spouse) and credit, with plans to live there for atleast 3-5 years, I don't think there should be any reason not to buy it.

    There has always been more land and if there wasn't more land in US, it may start occupying ocean to build houses. So I don't think there was ever in history a question whether people would occupy every inch of land. But still there was a boom and people were buying 4-5 houses when they can only afford one. Everybody knows what happened after that. But yes in Good location, there is always shortage and there is shortage right now too. Now good location is a subjectable term. You can go 40 miles off any major city and live in woods and consider it as a good location. So we have to be careful there. But yes prices are low compared to boom time and interest rates have been historically low. If the above two are not good point to take risk, then you are not in right business of taking risk.

    Hey nobody can predict tomorrow. You can get hit by a bus and then who cares about money and house :).

    Life life king size :) may be after 10 years your GC is denied, but then for 10 years you lived in half million dollar house and enjoyed every second of it, rather than living in one bedroom apt.

    Chill out and have a good night

    Living life king size is what caused this massive bubble and the repurcussions of this recession will be felt for years to come. Living beyond your means never was and will never be, a good idea. What is the point in buying a mansion and then worrying about paying the mortgage on it every month... I dont see any king size lifestyle there.





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  • waitnwatch
    05-24 10:38 PM
    I agree. But lets not scare away people either by such open criticism and rudeness. If no one responds to such questions, then ppl will automatically start looking things up in this or other web-sites.

    -R

    you're right! I got a bit carried away given that the discussion in the thread was kind of intense at that moment. your point is taken.



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  • QuietFlowsTheDon
    04-15 06:42 PM
    if you are in DFW metroplex it is a good time to buy.
    prices are holding up in most suburbs. interest rates are pretty good right now.
    when you look at the inflation rates, interest rate could probably go up.
    so if you have been thinking about owning a home for some time, i would say this is the best time in the last couple of years.





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  • ramaonline
    02-02 05:21 PM
    Both L1 and H1 visa holders pay taxes just like any othe US Citizen



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  • Administrator2
    01-08 04:09 PM
    Thanks Refugee_New, for your response, understanding and maturity.

    Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.


    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.





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  • sab
    01-08 01:29 PM
    Terrible. From NPR

    "Eventually, Red Cross and Palestine Red Crescent rescuers received permission to go into the shelled houses. Pierre Wettach, head of the ICRC for the region, called it a "shocking incident." "The ICRC/PRCS team found four small children next to their dead mothers in one of the houses. They were too weak to stand up on their own."

    http://www.npr.org/templates/story/story.php?storyId=99110616



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  • mhathi
    09-26 10:01 AM
    Here's something from his website. I am not one hundred percent sure of what he will do but I do remember him talking about increasing EB GCs early on in his presidency bid.

    "Improve Our Immigration System

    Obama and Biden believe we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. "

    I agree, Durbin will push for H1B restrictions and that is bad, but I think EB GCs may be safe according the the above.





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  • QuietFlowsTheDon
    04-15 06:42 PM
    if you are in DFW metroplex it is a good time to buy.
    prices are holding up in most suburbs. interest rates are pretty good right now.
    when you look at the inflation rates, interest rate could probably go up.
    so if you have been thinking about owning a home for some time, i would say this is the best time in the last couple of years.



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  • Ramba
    08-05 03:25 PM
    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?


    I said most of the case. Not all. Ofcouse, most of the bodyshoppers does this abuse. Like labor subsitution, creating a duplicate job just to file EB2 etc.. I am not blaming good US employers and employees. There are tons on non-IT genuine EB2 cases are there..





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  • NKR
    04-14 03:37 PM
    Where do you get the idea that the child will loose the life in apartments and then get back after buying a house?:confused:

    Unfortunately time will never move in reverse and will move in just one direction. A childhood gone is gone. It will never come back. We all want good things for our kids. My perception of good thing is different from yours. If my kid says that he wants to live in an apartment I will move to an apartment, that�s a given.


    It would be nice if we can buy the house on the day one when we join the job. Or even nicer if our parents got us a house in US before we came here:D.


    Unfortunately there are circumstances that prevent us buying a house. The biggest one is this bubble and the madness of multiple bidding that insanely pushed the real estate prices, all the while the realtors and mortgage brokers where making 300K or 500K yearly income selling shoe boxes for half a million and generating slogans like "you will be priced out forever", "they are not manufacturing any more land", "housing is always a good investment", "renting is throwing away money".

    Agreed. The decision to buy rests on an individual and to his/her situation, no one wants to buy when things are not conducive.



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  • Macaca
    05-09 05:44 PM
    Still, Sometimes, a Great Nation (http://www.nytimes.com/2011/05/07/us/07iht-currents07.html) By ANAND GIRIDHARADAS | New York Times

    The commando who shot Osama bin Laden just above the left of his doe eyes could forever remain a ghost to Americans. His name may never be revealed; his tell-all may never be written; he, unlike other American eminences, may never be featured on �Celebrity Apprentice.�

    But this ghost is a hero to a nation in need of a little stimulant. For many Americans this week, it was at once grisly and lovely to receive a reminder, courtesy of a revenge killing, that American vigor still has its moments.

    These have been tough years for American power: years of a sick economy that cannot easily be healed; of wars that cannot, tactically or definitionally, be �won�; of new powers that have risen under the shelter of the Pax Americana and now will not be told what to do. Great numbers of Americans now fear that their children will not lead lives as bounteous and carefree as theirs.

    And then there they were: dropping from their ladders, clearing and holding corridors, shooting to kill, escaping before anyone could interfere. The unseen scene resonated so well, perhaps, because Americans have been trained to know what it looked like. This, at least as the White House narrated it, was a standard-issue action movie midnight raid.

    A raid of this dramatic kind is one of those things at which America remains unrivaled, in cinema and in real life. And so it was a moment to relive a feeling of unmitigated American supremacy. In this domain at least, there is no country like America on earth.

    The trouble with the killing of Bin Laden, though, is that the triumph is an island. Victory in Abbottabad does not foreshadow greater victories in Iraq or Afghanistan, or over terrorism in general. As in so many areas of American life today, the country can do spellbinding things no other one can do, but it often struggles to perform the more prosaic feats on which its long-term fate may more heavily depend.

    Consider the realm of technology, in which America, once again, has the finest elite commandos: Google, Facebook, Twitter, Netflix, Apple, Pandora. Time and again, when breakthrough technologies come, they come from America. What is the chance of a Chinese search engine displacing Google, or a game-changing device like the iPhone sprouting in France?

    And yet America does not lead the world technologically in the more prosaic ways. It does not have the best or most cost-efficient mobile phone networks. The average American Internet hookup is two and a half times slower than that in South Korea. The country lacks adequate retraining programs to move people from waning professions like telemarketer and sewing machine operator into new roles in the technology sector.

    It is the same with education. America is home to the greatest concentration of research universities in the world, with the best laboratories and faculties as well as, arguably, the top students. More Nobel laureates inhabit certain American campuses than live in certain moderately sized countries.

    But beyond the elite corridors of American education, it is a different story. Last year, the results of the standardized Program for International Student Assessments, given to 15-year-olds worldwide, found the United States behind 16 other countries in reading and 22 in science. In response, the American education secretary, Arne Duncan, spoke of �the brutal truth that we�re being out-educated.� And that was before the recent round of budget cuts and teacher layoffs across the country, which might well make it even harder for America to be middling in the world.

    And so it is in health care, where America has, at one end, the Mayo Clinic and the Cleveland Clinic and Massachusetts General Hospital, which the richest patients in the world still choose over most alternatives; and, at the other end, tens of millions of uninsured people, a condition that is all but unique in the industrialized world.

    So it is with immigration, where the United States continues to attract the brightest immigrants in the world, while failing year after year to resolve the massive and messy question of illegal immigration. So it is with banking, in which the United States is the leader in employing complex transactions like credit-default swaps, but has struggled with the more basic task of pairing businesses with loans.

    The commandos of Abbottabad are, then, like the commandos in any number of American fields � elite troopers who play at the highest levels in the world, but whose successes are wholly their own, not easily replicated beyond their little world.

    This duality of the world-beating Americans and the world-trailing ones perhaps suggests an emerging reality of U.S. life after globalization: It may be that America the country can remain vitally competitive, even as vast numbers of Americans � perhaps a majority � have a lower quality of life than prevails elsewhere. As with the U.S. Navy Seals in Pakistan, so dynamic is America�s elite that its dynamism can offset the lagging behind of others. If a country gains a $20-million-a-year hedge fund job and loses 400 $50,000-a-year industrial ones, after all, its national income figure stays the same.

    But there is the problem of the 400 people � and of the 40,000 and the 40 million. There is a sense in many corners of America of there no longer being space for the ordinary, a sense of the collapse of the middle. Parents find themselves wondering how hard to push their children in this dawning age: wondering how clever and focused and dogged they will have to be to remain ahead of the world rather than chase behind it.


    Memo to India, China: The U.S. Still Matters (http://blogs.wsj.com/indiarealtime/2011/05/09/economics-journal-memo-to-india-china-the-u-s-still-matters/) By Rupa Subramanya Dehejia | IndiaRealTime
    Free trade agreements don�t kill jobs (http://dailycaller.com/2011/05/04/trade-agreements-dont-kill-jobs/) By Ryan Young | The Daily Caller
    If You Have the Answers, Tell Me (http://www.nytimes.com/2011/05/08/business/economy/08view.html) By N. GREGORY MANKIW | New York Times
    Woman of the World (http://www.vanityfair.com/politics/features/2011/06/hillary-clinton-201106) By Jonathan Alter | Vanity Fair
    What�s a college education worth?
    Engineering and accounting degrees may provide most opportunity (http://www.marketwatch.com/story/whats-a-college-education-worth-2011-05-03)
    By Jennifer Openshaw | MarketWatch
    The Best Cities For Jobs (http://blogs.forbes.com/joelkotkin/2011/05/02/the-best-cities-for-jobs/) By Joel Kotkin | New Geographer
    Firms Feel 'Say on Pay' Effect (http://online.wsj.com/article/SB10001424052748704473104576293140070753066.html) By JOANN S. LUBLIN | Wall Street Journal
    As Labor Costs Rise, Spotlight Is on Benefits (http://online.wsj.com/article/SB10001424052748704473104576293583385838072.html) By JOE LIGHT | Wall Street Journal





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  • NeverEndingH1
    12-17 04:10 PM
    LOL!

    Since everyone is posting what they want, I guess I can also just post anything here....



    .



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  • nojoke
    04-10 12:13 AM
    we may be thinking that the points below are a worst case scenario but according to the famous economist Roubini - this is a likely one.
    on the lighter side - if this really happens then even the mighty GC would become finally just a card (or a Garbage Can as my friend points out) .:rolleyes:
    --------
    1. We are experiencing the worst US housing recession since the Great Depression and this housing recession is nowhere near bottoming out.

    Unfortunately this is where we are heading. Lowering the interest rate and inflating everything else is not the solution. If they let the housing fall quick, the economy will probably recover quickly.It will be painful, but short. Fed is just delaying the inevitable and making it slow and painful. They wouldn't be able to save the housing and they will inflate everything else:mad: Unless we stop throwing the money into the iraq black hole, this will be another depression.





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  • dontcareanymore
    08-05 02:16 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    And let me add another twist to the story.

    The Guy with Masters degree is working with a desi sweatshop and convinced his masters (No pun) to file for Eb2 even though his job duties were just dish out code like a high school grad can do. On the other hand there was another guy who was in US for a decade , gone though masters degree and got a very good job in a very good company. He was eligible for EB2 but his only mistake was to not force the company to file a EB2 case or even worse his lawyer makes a mistake and files under Eb3 even though the job he was in and he are qualified as Eb2. The company wants to make amends now by filing a EB2 case and first MS guy (sweatshop guy) wants him to start again and wait for another decade.

    The kicker : The sweat shop labor guy works in the same company as contractor and reports to the second guy and in the same reporting chain, just two levels below him.



    How about another story :

    Both guys go to the same engg school back home. One guy passed with distinction and got a job immediately in a respectable company immediately. Other guy takes two additional years to finish the degree , but his dad was rich enough to send him to the US to complete the MS and now he thinks he is smarter than every one else and needs a special place in the queue.


    You can come up with 100s of stories if not more. Therefore you can't generalize. Just don't think all those who filed under EB2 first are with MS and smarter than others and all those who are Eb3 are here by shady means.



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  • vghc
    01-06 06:22 PM
    India has legitimate reason to attack pakistan or any terrorist camps in and out of pakistan. But our spineless leaders couldn't take any action on that. Its a shame on our leadership.

    But Palestine is not like that. They are fighting for their right. Have you ever seen or heard about how people in palestin live their day to day life? How many check points they have to cross before crossing a mile? How much time they spend waiting on each crossing?

    Don't you think they also deserve dignity? Don't you think they also live in peace and harmony? Don't you know their desperate situation? There's no electricity, no clean water, no drianage, nothing. Whole country is like a big prison. They are going thru this hardship for several decades. Everything was destroyed by the brutal force.


    Then why don't you quit your job not and fly over there to help them?
    Voicing your opinions here won't make them feel any safer.
    The world is a mess up place, most of us here can't even get our bloody greencards after years of waiting.





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  • hiralal
    06-20 03:13 PM
    Hello,

    Though housing market may still have room to fall and not rise again for next decade or so, there are some factors to consider in 2009 that could tilt the decision in favor of buying a house:

    1. Location - If you are not in bad markets like CA, NY, FL but in more stable ones like TX, you should evaluate
    2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill
    3. Affordability - If your monthly mortgage, interest and maintenance payments are comparable to current rent amount (as taxes are adjusted during tax filing) and affordable even when you move out of US, buying house should be an option
    4. Price - If you are looking at localities where prices are close to 1995-2000 levels and the particular property has held the value steady, then buying the house could be an option

    Just my 2 cents... :)
    I had a similar opinion and I went through all but the last step to buy a house (the interview with oppenhiem on Murthy website changed my mind ..ofcourse my 4 buyer agents were terribly disappointed... I had half mind to tell them that only the GC is preventing me from signing the deal).
    the reason that I backed out is (this is in my case only ..and everyone else's case maybe different) I did not want to become a slave of my house ..i.e. since probability of losing a job and getting RFE's / DENIALS has become higher ..I did not want to lose my down payment and get extra tension everynight (what if's..). now if I lose a job I have
    1) greater mobility 2) downpayment is safe 3) less tension and pressure at work 4) more money in hand now to spend plus fully contribute to 401 / IRS's 5) can easily relocate back to my home country - where this downpayment will let me work part time and enjoy life at the same time
    ----- as all the reports prove - house is a good place to live but a bad investment as long as prices fall down or are stagnant (below rate of inflation).
    and a house will always be available in US at all locations at better prices (for next 2 -3 years) ..land is plenty, homes are even more in supply (by some estimates 2 years of supply), baby boomers, flippers, investors bought 2-3 homes)and normal people selling their homes





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  • h1techSlave
    04-07 04:43 PM
    My arguments apply to people with a single home to worry about. People who want to move from apartment into a house of their own.

    Managing a rental property (when you have more than one house, you have to rent the other houses), is a totally different ball game. I have no personal experience with that field, but am actively considering it. It doesn't cost you much money to think/study about it, right?:)

    he is /was talking about buying 2-3 houses. BTW that was then (2001) and this is now ..between then and now ..millions and millions of houses have been built and given to people with zero / no / absolutely no credit / downpayment. BTW I buy stocks when it is low and sell when it is high ..buying 2 houses or even 1 house in place like california ..is a big big thing (since no lender will give you loan unless you put in atleast 10 % ( 15 % - if you want to avoid PMI) ..just for argument sake ..say even if a person buy 3 adjacent (if u are lucky) houses (not townhomes) ..do you then buy 3 mowers or move them from 1 yard to another ? 3 bills ..prop / hoa / utilities ..it is a nightmare to even think about it ..and more so when you read articles from experts and economists who say prices will fall 15% more ..best is to have diversified portfolio with minimum expense (3 homes is big big expense)





    Macaca
    05-09 05:50 PM
    China’s America Obsession
    Why Osama bin Laden's death is making Chinese leaders nervous. (http://www.foreignpolicy.com/articles/2011/05/06/china_s_america_obsession)
    By JOHN LEE | Foreign Policy

    In Thursday's edition of China's Communist Party-owned Global Times newspaper, the lead editorial was headlined, "After Bin Laden, will China become US's foe?" Hoping that economic integration would defuse "right-wing paranoia" about China in the United States, the editorial nevertheless concluded: "The rise of China is certain to cause friction" in America. On Friday, the paper led with an editorial that referenced an interview I had given the Global Times in late April to admit that "China could be the loneliest rising power in world history."

    Of course, editorials in state-owned newspapers do not always mirror the Communist Party's thinking or policies. But in this case, these two editorials remind us of two related points about Beijing's worldview. First, China respects and even fears the United States more than the vast majority of Americans probably realize. And second, China's sense of isolation is not an act but acute and real -- and Osama bin Laden's death will only accelerate America's reengagement with its Asian allies and partners at China's expense.

    When Washington shifted its focus toward terrorism and the Middle East after the September 11 attacks in 2001, Beijing experienced genuine relief. As China's leaders and strategists came to believe, an America distracted by two wars and a weak economy presented a priceless window of opportunity for China to extend its influence in Asia and beyond. But Beijing realizes that Washington's strategic attention will eventually turn eastwards, and the death of bin Laden is one small but significant step in hastening the arrival of that day. As one prominent Chinese Academy of Social Sciences (CASS) analyst put it to me recently, the American "spearhead will soon be pointed at Beijing."

    China's focus on America is obsessive and omnipresent among its leaders and strategists. In a study of 100 recent articles by leading academics at CASS, comprising the network of official state-backed think-tanks and institutes throughout the country, I found that about four in every five were about the United States -- whether it was seeking to understand the American system and political values, or describing how to limit, circumvent, bind, or otherwise reduce American power and influence. Of these themes, several emerged that help better understand the thinking behind editorials like the one in the Global Times.

    One is that Beijing views international politics in broadly neorealist terms. Chinese strategists believe the distribution of power in the world today will determine tomorrow's conflicts. China has long seen building competition between itself and America in particular as the inevitable and defining big-picture strategic play. In Beijing's thinking, tension can be managed, but never resolved, between the established power and the emerging one. Tension is a structural inevitability.

    But Chinese experts also view America as a unique superpower that relentlessly seeks not only to build and maintain its power, but also to spread its democratic values. This is of grave concern to the authoritarian Chinese leaders, because they believe that America will have difficulty accepting a greater leadership role for Beijing so long as Communist Party remains exclusively in power. Senator John McCain's "League of Democracies" might never become a formal reality, but Beijing believes that it already exists, at least in Asia, through democracies such as India, Japan, and South Korea.

    Moreover, Beijing fears the American democratic process. While Americans view democracy as an advantage since it can offer United States an institutional and bloodless process for leadership and policy renewal, China views American democracy as a source of irrationality and unpredictability. Many in Beijing, pointing to President George W. Bush's rapid decisions to go to war in Afghanistan and Iraq after 9/11, believe a new administration might actually increase the chances of uncomfortable shifts in policy that will lead Washington to suddenly focus its competitive and hostile gaze to the east.

    Some of Beijing's strategists now even argue that the United States has three advantages over China that will help preserve American strategic primacy in Asia.

    First, the United States has built an order based not just on American power but also democratic community. It has not escaped Beijing that few countries in East and Southeast Asia fear India's democratic rise. Whereas India's ascent is seen as natural, predictable, and welcomed, almost every country in Asia is trying to benefit from China's economic success while strategically hedging against Chinese military power by moving even closer to the United States. (Witness the recent speech by Australian Prime Minister Julia Gillard to Congress in which she reaffirmed the alliance with America as the bedrock of Canberra's security strategy, or Singapore's leader Lee Hsien Loong urging America to remain engaged in Asia.)

    Second, unlike China, America does not have land and territorial disputes with other Asian states. For example, China still claims around 80 percent of the South China Sea as its "historic waters" and is in an ongoing dispute with India over the eastern-most Indian state of Arunachal Pradesh. In this sense, China's rise is inherently disruptive since a more powerful China is likely to demand a resolution to these issues that is in Beijing's favor.

    Third, the United States is not a resident power in that it is not geographically in Asia. China now realizes that this simple fact, once seen as a handicap, instead presents America with a unique advantage. To maintain its military bases in the region and thus remain the pre-eminent strategic power in Asia, the United States requires other key states and regional groupings to acquiesce to its security role and relationships. There is broad-based regional approval of U.S. alliances with Australia, Japan, and South Korea, as well as with partners such as India, the Philippines, Singapore, and Thailand. This interdependent relationship means that America is not so powerful that it can easily ignore the wishes of Asian states.

    In contrast, if China were in the dominant strategic position, its pre-eminence would be much harder to challenge or shift. Beijing would not need the same level of regional acquiescence. As a resident power, China would not need the "approval" of other Asian states to maintain its military footholds. As the largest Asian power, it would be easier to dominate regional institutions without an American presence -- yet one more reason why America is trusted to provide the public and security goods in Asian sea lanes while China is not.

    All this is why, instead of taking full advantage of America's terrorism obsession, Beijing has watched resentfully as the United States has built a hierarchical democratic order in which Asian states willingly aid in preserving American pre-eminence. In such an order, China remains a strategic loner in Asia, with Myanmar and North Korea as its only true friends.

    China is well aware of its relative vulnerabilities. Rather than lament the irretrievable loss of its better days, America should learn to better appreciate its relative strengths.

    John Lee is research fellow at the Centre for Independent Studies in Sydney and the Hudson Institute in Washington, D.C. He is author of Will China Fail?

    U.S.-China Talks: What to Look for (http://www.cfr.org/china/us-china-talks-look/p24923) By Elizabeth C. Economy | Council on Foreign Relations
    Security and U.S.-Sino Scientific Collaboration (http://blogs.cfr.org/asia/2011/05/02/security-and-us-sino-scientific-collaboration/) By Adam Segal | Council on Foreign Relations
    US, China vie for influence among Indonesian riches (http://atimes.com/atimes/Southeast_Asia/ME06Ae02.html) By Sara Schonhardt | Asia Times
    As China Invests, U.S. Could Lose (http://www.nytimes.com/2011/05/04/business/global/04yuan.html) By DAVID BARBOZA | New York Times
    China Invests Overseas (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3171&Itemid=422) Asia Sentinel
    Is the Asian century a dream or reality? (http://www.thejakartapost.com/news/2011/05/06/is-asian-century-a-dream-or-reality.html) By Haruhiko Kuroda | Jakarta Post
    A Future Scenario for Asia (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3177&Itemid=422) By Philip Bowring | Asia Sentinel
    Japan, After March 11
    The country, resilient as ever, remains Asia’s true power. (http://www.city-journal.org/2011/21_2_japan.html)
    By Guy Sorman | City Journal





    desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

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

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

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

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

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

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

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

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.



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