Thursday, July 7, 2011

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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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  • dartkid31
    05-25 01:45 PM
    http://www.law.yale.edu/outside/html/Public_Affairs/709/yls_article.htm

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

    agreed. I think most people on this site have also noticed that.





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  • desi3933
    08-06 10:47 AM
    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    ....
    .....



    Just FYI..

    One can NOT claim PD recapture based on spouse's earlier PD.

    Person can claim earlier PD only based on his/her earlier approved I-140.


    ______________________________
    US Permanent Resident since 2002





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  • sagar_nyc
    02-22 02:06 PM
    I think we need to find out rival Anchor/Channel for Lou Doobs and inform him with all the facts.



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  • Bpositive
    01-06 04:06 PM
    children being killed is sad beyond belief...i can't even imagine the pain of their parents! however, it isn't it hamas' position that israel doesn't have the right to exist? when will the madness end?

    btw i am not religious at all. i believe organized religion is a method of oppression and creation of unthinking clones. but i sure as hell don't want to die for being a non-believer! in my mind the only solution is to live a good life - "and it doesn't need someone to tell you what good is" - and protect and cherish the country/community that nurtures you.





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  • ArkBird
    01-06 05:32 PM
    I am not supporting Hamas or their core belief. I am not going that far. What i'm saying is, how can one country kill school kids and go scot-free???

    When we cried for terror victims, why don't we do the same for palestinians who are victims of state sponsored terrorism???

    If we want to discuss about Ideology of other faiths and different groups, we can open one more thread. You wouldn't want to open another thread. Because you know how nasty those ideologies are? Every religion/group have their own ideology and they are nothing but brutal.


    I don't know of any religion which touts killing on innocent people just because they don't believe in your ideology which for me is the biggest crime against humanity.



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  • gc28262
    07-13 10:45 AM
    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.


    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.





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  • paskal
    07-08 05:10 PM
    united nations,

    welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!



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  • ksr
    08-09 07:04 PM
    since u r the primary applicant choose option 1

    Thanks Priti.





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  • unitednations
    03-24 02:27 PM
    Why on earth would an employer need me if I don't have merits?

    I see your efforts to downgrade EB immigration and highlight FB immigration. This is just my observation, you don't have to agree or criticize it.

    Is it fair to say that on one side you have the people who are trying to limit immigration.

    On the other side you have people who want friendlier immigration policies. Within the friendlier immigration poliices; you have more self interest groups:

    h-1b group of self interest
    Liberia self interest groups
    lawful permanent resident spouse
    political asylum groups
    aged out groups
    universities with student visas
    unlawful interest groups
    h-2 groups
    nurses, etc.
    employment base groups.


    All of these self interest groups go to media, senators, congressment etc., with their stories and why they think they should have their demands met. My personal opinion is that if a person can stay here and legally work and wait then they are not as disadvantaged as companies/people who are waiting to get in.

    When you are going to do advocacy you need to know beyond your individual case and how you stack up across the board.



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  • NKR
    04-14 04:40 PM
    If you had said your child needs personal space, then it would be different. In this case you are talking about older kids. Most of us have kids younger than 5 years old.

    Probably my wording was wrong, but I am glad you got my point.

    It is not only the kids, if your parents wants to live with you for 6 months, you know what you are getting at. Anyways, since we have diverted the topic of the thread, I do not want to deviate any further. I am resting my case.





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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?



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  • file485
    07-08 05:05 PM
    Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    I am not aware of any GC stage that requires all pay stubs. How did they detect missing pay stubs for 6+ months?

    reminds me of a backhome saying..

    'pinching the butt and singing a lullaby" :)

    the only way the relationship between the employer/employee is the green$$ pay stub...never trust these USCIS Memo's ..all crap and BS..





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  • Macaca
    12-28 07:39 PM
    All India Radia (http://timesofindia.indiatimes.com/home/opinion/edit-page/All-India-Radia/articleshow/7179711.cms) By Jug Suraiya | Times of India

    Far from subverting democracy lobbyists help to promote it

    Niira Radia should be given the Padma Shrimati next year. As each new tranche of the leaked tapes of Radiagate are made public it becomes increasingly clear that, far from sabotaging India's democracy, the lobbyist was actually furthering its cause.

    Though Radia's method of operation - which reportedly involves large-scale hawala transactions - was often dubious, there is nothing wrong with her broad strategy to influence public policy by inducing media people and other opinion makers to get A Raja the telecom portfolio. That his appointment - at least partly engineered by Radia - led to the 2G scam is another matter.

    Lobbying - or what is often called public advocacy - is a perfectly legitimate, and indeed necessary, component of any democracy. In the US, for example, it is considered to be a high-profile and respectable profession made use of by everyone who would like to have a say in the framing of official policy. New Delhi has often employed US lobbyists to try and influence Washington's policies vis-a-vis Pakistan and Kashmir, among other things. In the US, there are accredited lobbyists for all manner of issues and individuals, from the right to bear arms to candidates for Senate seats.

    If looked at in its broadest sense, what does lobbying boil down to? Nothing more, or less, than trying to get people to see your, or your client's view. All public relations exercises - be they for business interests or causes like animal welfare or AIDS prevention - are examples of lobbying: they are attempts to get the members of the public to change their ways of thought and action in particular spheres of interest or concern.

    Similarly, all forms of advertising - and no media product, including this newspaper, could remain economically viable were it not for advertisements - are lobbying by another name. Advertisements try to persuade you to buy a particular product or service. A successful ad, a lobbying exercise that has worked, is one that makes the maximum amount of money for the advertiser, the client of the lobbyist, in this case the advertising agency. The most successful ads - the ones that have been most persuasive in changing public behaviour and thinking - are annually honoured by receiving awards given by the industry.

    All politics, and not just at election time, is nothing but lobbying in its most blatant form. In a democracy, it is expected of all political parties to shape or transform public policy through competitive lobbying of the electorate via election manifestos and professed agendas. The voter is seduced, persuaded, bribed by all sorts of promised inducements, often in the form of cash subsidies or tax breaks, to support this or that party or candidate. There is the Election Commission to see there is no hanky-panky or rigging at the time of polling. But no Election Commission can compel a political party or candidate to make good on election promises - i.e., bribes in one form or another - once the balloting is over.

    If politics is unadulterated lobbying, and it is, so is the media. All reporters and commentators - in the press, or on TV or radio, even those considered too insignificant to have been approached by Radia - try to shape public opinion, and through that try to influence official policy by having public pressure put on it, according to their own views, opinions and interests, or those of the organisations that employ them.

    Indeed, democracy with all its components - media, market and elective politics - is a vast enterprise in lobbying, a never-ending argument between competing interest groups to change public policy to suit their own ends.

    Radia's only fault was getting caught. But for having forced us, however unwittingly, to take a long hard look at our democracy and what it really means, she needs a commendation. Padma Shrimati? Heck, make her Woman of the Year. She deserves it. Or rather, we deserve her.



    An inconvenient truth (http://blogs.timesofindia.indiatimes.com/Masquerader/entry/an-inconvenient-truth) By Anoop Kohli | Times of India



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  • Macaca
    02-27 08:14 AM
    A Republican Purge on K? (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/26/AR2007022601142_2.html)

    John Feehery has left the Motion Picture Association of America to start his own lobbying firm, the Feehery Group. Feehery, 43, joined the movie lobby with great fanfare in 2005 to help silence sotto voce attacks by congressional Republicans, then in the majority, on the group's chief executive, former congressman Dan Glickman (D-Kan.), and on left-leaning Hollywood. Feehery had been the spokesman for then-House Speaker J. Dennis Hastert (R-Ill.) and a veteran GOP leadership aide.

    But last month, the MPAA named Seth Oster, a Democrat, as executive vice president for communications, in effect taking part of Feehery's portfolio. My colleague at washingtonpost.com, Mary Ann Akers, reports that lobbyists worry that the move might presage a citywide purge of Republicans. But Feehery professes no bitterness. "It was a good time for me to start my own business," he said. "It gives me a greater range to do things I want to do." The MPAA will be one of his first clients, he added.





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  • gc28262
    03-24 03:03 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    All your assumptions about H1B is only for full time jobs is flawed. USCIS has not said that. There is no law that says that.

    BTW why do you think LCA requirements are meant only for consulting companies ? It is applicable to all H1B candidates. That has been the law for a long time. Nothing new here for you to be happy about.

    Your posts are driven by your ignorance than any legal base. You need to educate yourself in immigration perspective.

    Why USCIS audits are focused on consulting companies ?
    It is not because consulting is not allowed on H1B. It is because they figured out that H1B violation are more prominent among small companies.



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  • Dhundhun
    08-05 06:43 PM
    Friends

    Keep it up and going. Jokes are wonderful and quite relaxing. I think they in in need indeed.

    Thanks





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  • wantgc23
    08-06 02:53 PM
    plz keep goin





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  • xyzgc
    01-01 01:23 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html

    Thanks for posting the link to this poetry, its very relevant to the current situation. Always knew some lines of the poem but to read the actual one with its English translation is great. Do recall reading Dinkar's poems back in the school days, as part of the academic syllabus and some poems of Bachhan (the poet).





    gcisadawg
    12-27 12:04 AM
    Don't you think Pakistan already knows that?

    Yes, you are right. Pakistan knows that. But our audience is not pakistan. It is US and other countries. Who comes to india when pak does nuclear sabre-rattling? It is US. We need to send that message clearly and forcibly to the world. The Clear message is " Nukes dont impact our options. The decision to go to war or not is not impacted by the presence or absence of nukes"

    Do you mean to say that the state and the government of Pakistan did this?

    As to your second question, you never know. To be honest, I dont know...Musharraf started Kargil and they did not acknowledge even dead Pakistan soldiers. Sharif went to US and pleaded Clinton to stop the war.

    I do believe ISI's footprint is there. ISI is built on the image of CIA during cold war. They are a pretty powerful bunch with one complete victory ( against Soviets) and two successful (atleast so far) distruptive operations in Afghanistan and Kashmir. Without the big brother ISI watching, these jihadists can not move around. But I do give the benefit of doubt to Zardari's govt. The poor guy has just lost his wife. He might not have signed off on this ops.





    sk2006
    06-05 02:53 PM
    Totally agree ! To add, the decision to buy a house for people like us (who are stuck in this muck) also depends on the life situation you are in. Meaning, the decision to buy a house inspite of the uncertainity was over-weighed by the fact that my kids need to enjoy certain things. Watching them play with kids of their age in the neighborhood, riding a bicycle or playing with the water sprinkler while I sip my beer is priceless.

    Yeah, but why do you have to BUY that house to live in it if in the same neighbor hood same or similar house can be rented at much lower price?

    Kids can still play and enjoy the sprinklers and you can still enjoy your beer. Isn't it?

    Infact we have attached a sense of pride in owning even if we can't afford it. I am not talking about you but in general. People bought 700K houses in 100K salary. And this is a VERY good salary but it still can't afford a 700K house!