whattodo
07-11 01:58 PM
Her employer was not willing for her to start before SSN, so we had to wait. I hope that this will not be a problem.
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
That should not cause any problems.
On another note, one can start working as long as he/she has applied for SSN. One does NOT need ssn at hand to start working.
_______________________
Not a legal advice.
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ZeroComplexity
08-05 03:07 PM
Nothing great ever happens by trying to undermine each other. Laws are laws, some fair and some unfair, just deal with it and focus on remedying the whole broken system.
GC_Optimist
12-26 06:57 PM
There was news about CIR on CNN. and according to Senate Majority leader Reid . Democrats have been voted to
pass CIR . Kennedy was working on this and it would be discussed as a priority.
Democrats are hoping for support from President on this.
pass CIR . Kennedy was working on this and it would be discussed as a priority.
Democrats are hoping for support from President on this.
2011 Justin Bieber
Legal
08-08 07:33 PM
Sajan Chale Sasural : Computer professional coming to US.
1942 a Love story : Sticking to one company for more than a year.
Dil to Pagal Hai : Staying in India, dreaming of US.
Sapnay : Green card.
Sadma : Rejected H-1(B) Visa.
Khalnayak : Bodyshoppers.
Deewana Mastana : Project Manager - Team Leader.
Beta : Home Phone bill exceeding $400pm.
Rakhwala : Project Manager.
Mr. Bechara : Computer professional in Singapore.
Zanjeer : Company bond.
Himmatwala : Breaking company bond.
Tohfa : H-4 Visa for your Wife.
Mawaali : Before coming to US.
Raju Ban Gaya Gentleman : Once you are in US.:D
Chaudhvin ka Chand : Assembly programmer.
Sahib Bibi aur Ghulam : Client, your company and you.
Shehanshah : Bill Gates.
Admi Sadak Ka : Jumping from company to company.
Dayawan : Company paying full salary in bench
Anari : Year2000 programmer.
Phool Aur Kaanten : Microsoft - IBM.
Aaj Ka Gunda Raaj : Microsoft Monopoly in IT market.
Maharaja : Doctors who came to US in 70's
Hairaan : Non-Computer professionals on seeing computer professional's pay-check.
Hum Aapke Hain Koun : Illegal Immigrants in US
Aur Pyar Ho Gaya : After staying in US for a Year.
Pardes : India after 2 Years.
Daud : Coming to US.
Rangeela : After getting Green Card.
Bahaar Aane Tak : Time period between Green Card and Citizenship.
Desh Premee : Going back to India for good
Farz : Going to India every year.
Pyaasa : Longing for a Visa.
Agneepath : Going to Madras Consulate for getting a Visa.:p
Jo Jeeta Wohi Sikandar : After coming from consulate with a Visa.
Bud Naseeb : Not getting a Visa
Himalaya Putra : Firmly asking for $70k from India
Elan-E-Jung : Asking for increment
Gupt : Agreement of Programmer with number of consultants
. Zakmee : After getting rejected twice for a Visa.
Swarg Se Sundar : on landing in US.
Ab Kya Hoga? : Applied for Green Card too late.
Jallad : INS People.
Kranti : Increase H-1 quota.
Main Khiladi Tu Anari : You and Immigration Officer.
1942 a Love story : Sticking to one company for more than a year.
Dil to Pagal Hai : Staying in India, dreaming of US.
Sapnay : Green card.
Sadma : Rejected H-1(B) Visa.
Khalnayak : Bodyshoppers.
Deewana Mastana : Project Manager - Team Leader.
Beta : Home Phone bill exceeding $400pm.
Rakhwala : Project Manager.
Mr. Bechara : Computer professional in Singapore.
Zanjeer : Company bond.
Himmatwala : Breaking company bond.
Tohfa : H-4 Visa for your Wife.
Mawaali : Before coming to US.
Raju Ban Gaya Gentleman : Once you are in US.:D
Chaudhvin ka Chand : Assembly programmer.
Sahib Bibi aur Ghulam : Client, your company and you.
Shehanshah : Bill Gates.
Admi Sadak Ka : Jumping from company to company.
Dayawan : Company paying full salary in bench
Anari : Year2000 programmer.
Phool Aur Kaanten : Microsoft - IBM.
Aaj Ka Gunda Raaj : Microsoft Monopoly in IT market.
Maharaja : Doctors who came to US in 70's
Hairaan : Non-Computer professionals on seeing computer professional's pay-check.
Hum Aapke Hain Koun : Illegal Immigrants in US
Aur Pyar Ho Gaya : After staying in US for a Year.
Pardes : India after 2 Years.
Daud : Coming to US.
Rangeela : After getting Green Card.
Bahaar Aane Tak : Time period between Green Card and Citizenship.
Desh Premee : Going back to India for good
Farz : Going to India every year.
Pyaasa : Longing for a Visa.
Agneepath : Going to Madras Consulate for getting a Visa.:p
Jo Jeeta Wohi Sikandar : After coming from consulate with a Visa.
Bud Naseeb : Not getting a Visa
Himalaya Putra : Firmly asking for $70k from India
Elan-E-Jung : Asking for increment
Gupt : Agreement of Programmer with number of consultants
. Zakmee : After getting rejected twice for a Visa.
Swarg Se Sundar : on landing in US.
Ab Kya Hoga? : Applied for Green Card too late.
Jallad : INS People.
Kranti : Increase H-1 quota.
Main Khiladi Tu Anari : You and Immigration Officer.
more...
akred
06-20 12:22 PM
2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill
Yes, but you do not have to buy it within the US.
Yes, but you do not have to buy it within the US.
unitednations
03-25 03:13 PM
Did you not think of the would be immigrants of Indian origin not part of this "system" when you came to this conclusion? I am one such. Think how disadvantaged my position is.
I hate to say it but that is what collateral damage is...
I don't discus it much but some people would even want to splinter Eb further. Some people have posted that they want andhra pradesh to be separated. There doesn't seem to be much opposition to h1b for non IT positions. We're all in this together. If one group tries to splinter then it will cause an equal or greater response from people who think they will be harmed.
Right now: ROW doesn't say much because in eb2 the dates are current and in eb3 it is manageable. However; if they get harmed due to the lifting of the country quota then there might be further infighting or it gets stopped in its tracks before it can actually go through.
I hate to say it but that is what collateral damage is...
I don't discus it much but some people would even want to splinter Eb further. Some people have posted that they want andhra pradesh to be separated. There doesn't seem to be much opposition to h1b for non IT positions. We're all in this together. If one group tries to splinter then it will cause an equal or greater response from people who think they will be harmed.
Right now: ROW doesn't say much because in eb2 the dates are current and in eb3 it is manageable. However; if they get harmed due to the lifting of the country quota then there might be further infighting or it gets stopped in its tracks before it can actually go through.
more...
nojoke
06-26 08:27 PM
Thanks for the data. There is one more twist to the story though. The "median home" of 1940 is NOT the same as the median home of 2000. The home sizes have more than doubled in this period (dont have an official source right now - but look at Google Answers: Historic home sizes (http://answers.google.com/answers/threadview?id=110928) . A little digging should give us an official source if you want.).... So, if the median home prices have doubled post adjustment for inflaton - that really means that the prices have stayed flat adjusted for inflation.
Statistics is a bitch :-D
Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..
Statistics is a bitch :-D
Home sizes have lesser impact on the median price now. It is unaffordability that is pushing the prices down. The median is getting back to what the income in the area can support. The builders can build mansions, but someone has to buy...One way the builders survive these days is by bulding smaller homes that people can buy..
2010 justin bieber cover.jpg
needhelp!
09-29 11:08 AM
This year 4 of my class mates (from engineering college in India) have moved out of the US. I have one other classmate who had picked a position in Singapore over one being offered in the US two years back, and he already has his PR there. He did not want the uncertainty of not know what to call home even after 5 or 8 or 10 years. He called it "settling down".
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
When we were graduating from engineering college, there was peer pressure to come to the US and pursue higher education and the "American Dream". Now I feel like my time to head out may come sooner rather than later.
more...
![Justin Bieber. 4 Thalia] Justin Bieber](http://glossymagazine.ro/wp-content/uploads/2010/07/justin_bieber1.jpg "4 Thalia] Justin Bieber")
sanju
04-08 07:17 AM
Good post, I would like to add that:
This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:
http://www.dol.gov/compliance/guide/whistle.htm
http://en.wikipedia.org/wiki/Whistleblower
key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.
This is an interesting bill and I feel it'll pass. There are lot of gotcha's but there are some good things. I'm glad to see H1-B rights and whistleblower sections. This was way past due. Really, this is more of a culmination of those few employers who have tried to exploit the system / employees.
The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has NOT much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info:
http://www.dol.gov/compliance/guide/whistle.htm
http://en.wikipedia.org/wiki/Whistleblower
key points to ponder:
- Finally IRS and USICS have come together. !! .. thats a big blow to the body shoppers ( may be a good thing)
There is already a requirement in the Tax law to send the datab/W-2 of each employee (including the employees on H1) to IRS. So much so that if a company you worked for last year has closed down, you could go to the local IRS office to get your W-2 (from IRS).
-> 50 employees cant have more than 50% H1B's. I think this will basicaly create many smaller consulting companies nothing else. This I don't like .. could be bad for genuine businesses.
To get around 50% requirements, as the greenguru mentioned, the employers could bend around the system by having companies with employee size < 50. So it will be an inconvenience for them, but there are ways and means to get around. The problem will be faced by people already here waiting for green cards. If your employer has more than 50% on H1, they will have to file H1 from the sister company and the new law will be applicable to the new H1. So the people already here on H1 will suffer the most.
I hope it doesnt, without any amendments. Maybe a friendlier bill with strict H1-B rights would be nice.
Well said!! This bill is not friendly and a better bill, which is not imposing unnecessary restrictions and has worker protection provisions for all H1 employees will be better in making the H1 process equitable and workable.
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Macaca
02-13 10:56 AM
Taken to School (http://www.washingtonpost.com/wp-dyn/content/article/2007/02/12/AR2007021201293_2.html)
Colleges are filled with smart people, but nobody gets rewarded just for their brains. Many of those brainy people know they've got to go asking for money when they want it. So it's no surprise that colleges are among the most prodigious users of lobbyists. Universities and other groups with direct interests in higher education spent $94.6 million on lobbying in 2005, an 18 percent increase from 2004, according to Inside Higher Ed.
Johns Hopkins University led the way with $1,020,000. Boston University, Case Western Reserve University and the University of Miami followed, with $920,000, $820,000 and $730,000, respectively.
Those numbers will probably decline now that pet projects, or earmarks, are harder to get. House Appropriations Committee Chairman David R. Obey (D-Wis.) told colleagues last week that they have until March 16 to request them and that their dollar amount will be cut in half compared with most earmarks in fiscal 2006.
Colleges are filled with smart people, but nobody gets rewarded just for their brains. Many of those brainy people know they've got to go asking for money when they want it. So it's no surprise that colleges are among the most prodigious users of lobbyists. Universities and other groups with direct interests in higher education spent $94.6 million on lobbying in 2005, an 18 percent increase from 2004, according to Inside Higher Ed.
Johns Hopkins University led the way with $1,020,000. Boston University, Case Western Reserve University and the University of Miami followed, with $920,000, $820,000 and $730,000, respectively.
Those numbers will probably decline now that pet projects, or earmarks, are harder to get. House Appropriations Committee Chairman David R. Obey (D-Wis.) told colleagues last week that they have until March 16 to request them and that their dollar amount will be cut in half compared with most earmarks in fiscal 2006.
more...
thomachan72
08-06 04:28 PM
THERE IS THIS GOOD OLD BARBER IN SOME CITY IN THE AMERICA....
ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.
THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.
A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.
THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.
AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.
..Enjoy
THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
FINDS
THERE...
CAN YOU GUESS?
DO YOU KNOW THE ANSWER YET?
COME ON, THINK LIKE A INDIAN....
A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!
well most of us guessed the answer because as soon as we read about the barber we were thinking of asking whether you knew his address!!
ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.
THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.
A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.
THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.
AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.
..Enjoy
THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
FINDS
THERE...
CAN YOU GUESS?
DO YOU KNOW THE ANSWER YET?
COME ON, THINK LIKE A INDIAN....
A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!
well most of us guessed the answer because as soon as we read about the barber we were thinking of asking whether you knew his address!!
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pthoko
07-10 10:07 PM
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.
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.
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 PREVIUOS 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??
Thanks.
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.
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.
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 PREVIUOS 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??
Thanks.
more...
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unitednations
08-02 11:54 PM
AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
These 2 rules are contraditory in nature.
Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.
Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.
If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
These 2 rules are contraditory in nature.
Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.
Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.
If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
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senthil1
11-15 07:16 AM
Aggressive increase of H1 will increase immigration and drive down the wages. That already happened after Dot com burst. Thousands of H1 people went back to India at that time and many people lost jobs. It was very tough to get the job beween 2000 to 2003. I think moderate increase of H1 is fine. But Skill bill gives market based increase every year and exemptions. This does not have American peple support. Actually Companies are trying to kill the hot job market in IT now. In reality Top 20 Indian companies does not have any problem in bringing people as they are using L1. Only American companies like Intel Microsoft may have a problem in getting people. Also Lot of Desi consulting companies rushing at the time of April and applying so many h1s to avoid caps. Anyone is not sure whether that is used or not. They are bringing people gradually and might not use some of h1s. Because of this lot of genuine companies cannot use h1s. They have to regulate h1s before increasing. I am sure even if they increase 200k H1 it will not be enough as so many people are waiting in India. Thats why they are asking market based increase every year and exemptions. Infact if they do this current h1 people will the imapct in another 2 years. There is no point if you have a gc but you will not be having a job. Since democrats win I won't be surprised that Skill may be passed in current form. But election result does not favor or oppose immigration. Generally American public does not care about immigration as other issues are more important for them.
Moderate increase of GC( may be 300 to 400k) coupled with 120k h1s will give releif to everyone for next 5 to 10 years. As everyone knows companies are strongly lobbying for H1s but not Gcs though they are supporting. Companies will be happy if h1 is increased.
Moderate increase of GC( may be 300 to 400k) coupled with 120k h1s will give releif to everyone for next 5 to 10 years. As everyone knows companies are strongly lobbying for H1s but not Gcs though they are supporting. Companies will be happy if h1 is increased.
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unseenguy
06-26 05:07 PM
Again where are you getting that 550K value for a house from . The houses that were 500K two years back are now 400 - 450K ( exclude the extremes ). Why the HOA - can't the house be a single family home like most of US .
Taxes - well I was not saying you get the whole money back but are taxes the only reason one should not buy a house ?
Housing price correction has already happened in most of the good areas. If you think that they are going to go down 20% more that is never going to happen. People are not going to sell. They will just say put rather than take a 40% loss.
pandeyji, please dont jump to conclusion. The "kind" of house I want to live in is 550K now. I dont know how much was it 2 years back. I live in Seattle, where prices started to fall only late last year and this year when MSFT , Boeing and Starbucks announced layoffs.
I agree that there are some places now such as : NC, SC, FL, MI , OH, TX, MN etc are good places to buy. CA , OR, NV, AZ and WA have vast supply of inventories.
When I say I am expecting 20% correction, I am not speculating in blind. I have seen the data on zillow.com where they tell you last price the house was sold for, the date and current price. Zillow also tells you what is their estimate you should offer in current market conditions and how much correction, upward or downward have they seen in last 3 months.
Now for eg: I see houses from 1999 where they sold for 250-300 K and owners of the same property now expect 550-600K in 2009.
Now if I do a rent vs buy, I must offer this guy 400K-420K (max) for it to be profitable for me in 5-7 years against the current rent. Also majority of the houses have HOAs here in WA metro areas. Some are high and some are low.
Again if I have any realistic chance for this guy to take my offer in good faith, he must bring down the cost to 450K. Then 400-420K is a doable deal.
If the seller is serious, there is no reason why he will not accept a 420K offer because there is abundant oversupply in the market. He can hold out for 2 years but a distressed or needful seller will have to sell home for that price because he might get only 1-2 offers in a month or few months.
Even in my own community, people are expecting 350 K for a condo with 280 HOA, do you think, I can offer them 270K? Only then the rent/buy will make sense for me in next 5 years (and to be honest I dont plan to live in a town home for 30 years).
I have given you enough numbers, do the math, lets not bring emotional sentiment into this.
Taxes - well I was not saying you get the whole money back but are taxes the only reason one should not buy a house ?
Housing price correction has already happened in most of the good areas. If you think that they are going to go down 20% more that is never going to happen. People are not going to sell. They will just say put rather than take a 40% loss.
pandeyji, please dont jump to conclusion. The "kind" of house I want to live in is 550K now. I dont know how much was it 2 years back. I live in Seattle, where prices started to fall only late last year and this year when MSFT , Boeing and Starbucks announced layoffs.
I agree that there are some places now such as : NC, SC, FL, MI , OH, TX, MN etc are good places to buy. CA , OR, NV, AZ and WA have vast supply of inventories.
When I say I am expecting 20% correction, I am not speculating in blind. I have seen the data on zillow.com where they tell you last price the house was sold for, the date and current price. Zillow also tells you what is their estimate you should offer in current market conditions and how much correction, upward or downward have they seen in last 3 months.
Now for eg: I see houses from 1999 where they sold for 250-300 K and owners of the same property now expect 550-600K in 2009.
Now if I do a rent vs buy, I must offer this guy 400K-420K (max) for it to be profitable for me in 5-7 years against the current rent. Also majority of the houses have HOAs here in WA metro areas. Some are high and some are low.
Again if I have any realistic chance for this guy to take my offer in good faith, he must bring down the cost to 450K. Then 400-420K is a doable deal.
If the seller is serious, there is no reason why he will not accept a 420K offer because there is abundant oversupply in the market. He can hold out for 2 years but a distressed or needful seller will have to sell home for that price because he might get only 1-2 offers in a month or few months.
Even in my own community, people are expecting 350 K for a condo with 280 HOA, do you think, I can offer them 270K? Only then the rent/buy will make sense for me in next 5 years (and to be honest I dont plan to live in a town home for 30 years).
I have given you enough numbers, do the math, lets not bring emotional sentiment into this.
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nk2006
09-30 10:13 AM
I was schocked to find out on Sep 22 that my I-485 has been denied. My wife is on AP and can't enter U.S now withot her H4.
Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.
Sorry to know your troubles. I am curious about the reason for 485 rejection and how you are going about it (is it because of using AC21 and I140 revocation by previous employer?) - there is an effort to deal with I-485 rejections without NOID - there is a separate thread on that with conf call today. Please join the call and give your details. Thanks.
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nojoke
04-14 01:14 PM
People who have bought houses are advocating buying one and who are renting are defending their decisions to rent... I think buying a multiplex i.e. 2 single family homes 3/1.5 bath in 450K each in California (sunnyvale/cupertino) makes a lot of sense...don't you think!
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
These same duplex were selling for 150K a few years back? Aren't they inflated as well? How is it different from buying a house? Are you saying that the loss is minimized?
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dpp
05-16 12:07 PM
No need to have Durbin's bill. Just ban Outsourcing, then all jobs will come back and everybody will be happy here in US.
My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.
It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.
If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons
My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.
It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.
If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons
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gcisadawg
12-22 06:21 PM
My feeble mind is unable to decipher your point, please explain a sentence a two.
Only thing I know is group of 10 killed 300 in Mumbai
and group of 21 killed 2000 in New York
Where is the gray in there?
Dude, dont decipher my post as supporting recent Mumbai attack or 9/11.
You are trying to club everything under one roof. I hope your mind is not feeble.
I'll ask you one question.
Where were you and your sense of right and wrong when Sinhala govt. and people unleashed their acts on tamils living in Sri Lanka? I dont support LTTE's action and I regard them as terrorist. But the solution lies in bringing Tamils to the mainstream.
You mentioned you support Israel whole heartedly! Where were you and your sense of right and wrong when Israeli govt. is controlling every aspect of Palestinian life? I don't support Hamas's action and I regard them as terrorist. But the solution lies in addressing the grievances of Palestinians and working on a fair and equitable solutions to both the groups.
Only thing I know is group of 10 killed 300 in Mumbai
and group of 21 killed 2000 in New York
Where is the gray in there?
Dude, dont decipher my post as supporting recent Mumbai attack or 9/11.
You are trying to club everything under one roof. I hope your mind is not feeble.
I'll ask you one question.
Where were you and your sense of right and wrong when Sinhala govt. and people unleashed their acts on tamils living in Sri Lanka? I dont support LTTE's action and I regard them as terrorist. But the solution lies in bringing Tamils to the mainstream.
You mentioned you support Israel whole heartedly! Where were you and your sense of right and wrong when Israeli govt. is controlling every aspect of Palestinian life? I don't support Hamas's action and I regard them as terrorist. But the solution lies in addressing the grievances of Palestinians and working on a fair and equitable solutions to both the groups.
alterego
11-15 07:17 AM
That has been Lou's view all along. Yet I doubt its sincerity, it follows along the Numbersusa ploy that if you make things hard enough first, all but the ones with the strongest roots will leave. Hence they will say enforcement first but then once that is done you will hear all the restrictionist agenda. In fact there has been some stepped up security at the border recently.
The policy of all these anti immigration groups is quite clear, divide and rule. They have only tepid and restrictionist at best arguments against Skilled Immigration , and for those of you in the IT field I want to remind you that skilled immigration does not mean just IT. Restrictionist groups are aware that most of america will not stand for their agenda and corporate america will steamrolll their lobbying might. Hence the play all these tricks. YOu should have seen the pathetec defence of the loss of some hardliners in the recent election that Bay Buchanan(Pats wife) gave on Lou Dobbs last night. Their end objective is the same, keep immigration as low as possible.
Last Night Lou was visibly concerned that there would be something cooking in the Lame duck session.
The AILA/Compete america is for sure trying to get atleast a H1b expansion and is pushing hard. I am happy to see that they are also pushing for some sort of EB provisions for their permanent employees also.
The policy of all these anti immigration groups is quite clear, divide and rule. They have only tepid and restrictionist at best arguments against Skilled Immigration , and for those of you in the IT field I want to remind you that skilled immigration does not mean just IT. Restrictionist groups are aware that most of america will not stand for their agenda and corporate america will steamrolll their lobbying might. Hence the play all these tricks. YOu should have seen the pathetec defence of the loss of some hardliners in the recent election that Bay Buchanan(Pats wife) gave on Lou Dobbs last night. Their end objective is the same, keep immigration as low as possible.
Last Night Lou was visibly concerned that there would be something cooking in the Lame duck session.
The AILA/Compete america is for sure trying to get atleast a H1b expansion and is pushing hard. I am happy to see that they are also pushing for some sort of EB provisions for their permanent employees also.
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
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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