Macaca
05-20 06:13 PM
The United States v Canada (http://www.economist.com/blogs/democracyinamerica/2011/05/immigration) The Economist
AS A matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other country included in the survey. Rather, Canadians are concerned about "brain waste" and ensuring that foreign credentials are appropriately recognised and rewarded in the job market? Being an immigrant is also no barrier to being a proper Canadian; in parliamentary elections earlier this month, 11% of the people elected were not native. This warm embrace isn't just a liberal abstraction; 20% of Canadians are foreign-born.
It's well-known that Canada is an outlier among immigrant nations, but it is nonetheless interesting to consider in reference to the ongoing and heated debate about immigration in the United States. Why is Canadian public opinion so different from views in United States?
At a conference yesterday, Jeffrey Reitz, a sociologist at the University of Toronto, cited two big explanations for the difference. The first was that Canadians are convinced of the positive economic benefits of immigration�to the extent that towns under economic duress are especially keen to promote immigration, because they believe immigrants will create jobs. Even unemployed Canadians will stoutly insist that immigrants do not take work away from the native born. This makes sense, as most immigrants to Canada are authorised under a "points" system tied to their credentials and employment potential. About half of Canadian immigrants have bachelor's degrees. They may have a higher unemployment rate than native-born workers, Mr Reitz said, and they benefit from programmes and services created specially for immigrants, such as language training. But the preponderance of evidence suggests that Canada's immigrants, being high-skilled, are net contributors.
Mr Reitz's second explanation was that Canadians see multiculturalism as an important component of national identity. In one public opinion poll, Mr Reitz said, multiculturalism was deemed less important than national health care but more important than the flag, the Mounties, and hockey. Irene Bloemraad, a sociologist at the University of California at Berkeley, picked up this theme. There wasn't such a thing as a purely Canadian passport, she said, until 1947. Canada was, psychosocially, very much a part of the British commonwealth until quite recently. When it came time to create a distinctively Canadian identity, the country included a large and vocal Francophone minority (as well as a considerable number of first peoples). The necessity of bilingualism contributed to a broader public commitment to multiculturalism, which persists today.
Other factors allow Canada to be more inviting. The country has little reason to worry about illegal immigration. Like the United States, it shares a long southern border with a country suffering from high levels of crime, unemployment and income inequality. But there aren't millions of Americans yearning to get into Canada. To put it another way, the United States's buffer zone from the eager masses is a shallow river. Canada's is the United States. That reduces unauthorised migration to Canada and eases public anxiety about it. Canada also has a smaller population and lower birth rate than the United States�it needs immigrants for population growth.
Incidentally, the emphasis on multiculturalism points to an interesting normative distinction between the United States and Canada. The United States supports pluralism and in some respect this leads to similar structures in the two countries. (Ms Bloemraad mentioned that both the United States and Canada have unusually robust legal protections against discrimination, for example.) But in the United States, you rarely hear somebody advocate for immigration on the grounds that it adds to the social fabric of the country. When the normative argument arises here, it has a humanitarian dimension. I would posit that in the United States, identity is a right, not a value.
Still, looking at Canada, we can extrapolate a few things for the United States. The first is that, as we've previously discussed here, the United States really should be more open to high-skilled immigrants. They're good for the economy, and an uptick in demonstrably uncontroversial immigrants might mitigate anxiety about the group as a whole. Another is that while there may be benefits to the tacit acceptance of undocumented immigration�the United States acquires an immigrant labour force without making any accommodations for the population�there are also foregone opportunities. One of these, compared to the Canadian approach, is in the United States's ability to foster integration through language training or other settlement programmes.
Losing (but Loving) the Green Card Lottery (http://www.nytimes.com/2011/05/20/opinion/20mounk.html) By YASCHA MOUNK | New York Times
We Need Sane Immigration Reform (http://online.wsj.com/article/SB10001424052748703509104576330110520111554.html) Letters | Wall Street Journal
U.S. to investigate Secure Communities deportation program (http://www.latimes.com/news/nationworld/nation/la-na-secure-communities-20110519,0,3087175.story) By Lee Romney | Los Angeles Times
AS A matter of national policy, Canada actively solicits immigrants and has done so for years. The public supports this and the default political assumption is in support of continued immigration. According to a recent poll, only a third of Canadians believe immigration is more of a problem than an opportunity, far fewer than any other country included in the survey. Rather, Canadians are concerned about "brain waste" and ensuring that foreign credentials are appropriately recognised and rewarded in the job market? Being an immigrant is also no barrier to being a proper Canadian; in parliamentary elections earlier this month, 11% of the people elected were not native. This warm embrace isn't just a liberal abstraction; 20% of Canadians are foreign-born.
It's well-known that Canada is an outlier among immigrant nations, but it is nonetheless interesting to consider in reference to the ongoing and heated debate about immigration in the United States. Why is Canadian public opinion so different from views in United States?
At a conference yesterday, Jeffrey Reitz, a sociologist at the University of Toronto, cited two big explanations for the difference. The first was that Canadians are convinced of the positive economic benefits of immigration�to the extent that towns under economic duress are especially keen to promote immigration, because they believe immigrants will create jobs. Even unemployed Canadians will stoutly insist that immigrants do not take work away from the native born. This makes sense, as most immigrants to Canada are authorised under a "points" system tied to their credentials and employment potential. About half of Canadian immigrants have bachelor's degrees. They may have a higher unemployment rate than native-born workers, Mr Reitz said, and they benefit from programmes and services created specially for immigrants, such as language training. But the preponderance of evidence suggests that Canada's immigrants, being high-skilled, are net contributors.
Mr Reitz's second explanation was that Canadians see multiculturalism as an important component of national identity. In one public opinion poll, Mr Reitz said, multiculturalism was deemed less important than national health care but more important than the flag, the Mounties, and hockey. Irene Bloemraad, a sociologist at the University of California at Berkeley, picked up this theme. There wasn't such a thing as a purely Canadian passport, she said, until 1947. Canada was, psychosocially, very much a part of the British commonwealth until quite recently. When it came time to create a distinctively Canadian identity, the country included a large and vocal Francophone minority (as well as a considerable number of first peoples). The necessity of bilingualism contributed to a broader public commitment to multiculturalism, which persists today.
Other factors allow Canada to be more inviting. The country has little reason to worry about illegal immigration. Like the United States, it shares a long southern border with a country suffering from high levels of crime, unemployment and income inequality. But there aren't millions of Americans yearning to get into Canada. To put it another way, the United States's buffer zone from the eager masses is a shallow river. Canada's is the United States. That reduces unauthorised migration to Canada and eases public anxiety about it. Canada also has a smaller population and lower birth rate than the United States�it needs immigrants for population growth.
Incidentally, the emphasis on multiculturalism points to an interesting normative distinction between the United States and Canada. The United States supports pluralism and in some respect this leads to similar structures in the two countries. (Ms Bloemraad mentioned that both the United States and Canada have unusually robust legal protections against discrimination, for example.) But in the United States, you rarely hear somebody advocate for immigration on the grounds that it adds to the social fabric of the country. When the normative argument arises here, it has a humanitarian dimension. I would posit that in the United States, identity is a right, not a value.
Still, looking at Canada, we can extrapolate a few things for the United States. The first is that, as we've previously discussed here, the United States really should be more open to high-skilled immigrants. They're good for the economy, and an uptick in demonstrably uncontroversial immigrants might mitigate anxiety about the group as a whole. Another is that while there may be benefits to the tacit acceptance of undocumented immigration�the United States acquires an immigrant labour force without making any accommodations for the population�there are also foregone opportunities. One of these, compared to the Canadian approach, is in the United States's ability to foster integration through language training or other settlement programmes.
Losing (but Loving) the Green Card Lottery (http://www.nytimes.com/2011/05/20/opinion/20mounk.html) By YASCHA MOUNK | New York Times
We Need Sane Immigration Reform (http://online.wsj.com/article/SB10001424052748703509104576330110520111554.html) Letters | Wall Street Journal
U.S. to investigate Secure Communities deportation program (http://www.latimes.com/news/nationworld/nation/la-na-secure-communities-20110519,0,3087175.story) By Lee Romney | Los Angeles Times
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rajeshiv
07-10 01:04 PM
That's correct spelling mistakes, etc., can be corrected if you go back to the port of entry who generated the I-94 card.
I 102 is more for replacement of an I-94 card.
However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.
In situations such as this; it is better to go back out and re-enter with proper company h-1b.
In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.
Hello United Nations..
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
I 102 is more for replacement of an I-94 card.
However; POE entering you on a wrong companies h-1b isn't so easily correctible after the fact.
In situations such as this; it is better to go back out and re-enter with proper company h-1b.
In May and June before people were getting ready to file the 485's a lot of these issues were found in reviewing their files/history. Many people had their visas expired and they didn't want to go for visa stamping. What many people did was go to Canada and use auto revalidation and then re-enter USA on the proper companies h-1b and/or get a new I-94 card and also reset the 245k benefit since it is measured from the date of last entry to filing the 485.
Hello United Nations..
After looking into above message...I have some doubts, could you please clarify them.
1. In order to file 485, the person must have a valid visa in his passport?
In my case I have a valid I 94 but my visa got expired 2 months back, Am I eligible to file 485?
2. What is auto revalidation?
I appreciate for your answers.
Thanks
RR
willIgetGC
08-12 07:51 PM
We will get GC if they Outsource these jobs to India and China, any ways these people are not working zimbly telling name checker, they dont want to yearn meney.
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nogc_noproblem
08-06 12:14 PM
A man realizes he needs to buy a hearing aid, but he is unwilling to spend much money.
"How much do they run?" he asks the clerk.
"That depends," says the salesman. "They run from $2 to $2,000."
"Let's see the $2 model," the customer says.
The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.
"How does it work?" the customer asks.
"For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."
"How much do they run?" he asks the clerk.
"That depends," says the salesman. "They run from $2 to $2,000."
"Let's see the $2 model," the customer says.
The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.
"How does it work?" the customer asks.
"For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."
more...
GCA
08-05 02:11 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:
Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' 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:
Sounds great. Just missing the hypothesis 'anyone comming to USA otherthan for higher studies comes thru' shady means'..
puddonhead
06-07 06:22 PM
I think it really is a matter of personal choice. A house is much more than a mere investment. For people like us it adds another layer of complications
due to our status (or rather...lack of status).
We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
80k down the hole.
Personally I would wait till 2012 beginning to consider getting into Cali, Las Vegas, Florida markets. The neg-am/interest-only bubble (BusinessWeek Article (http://www.businessweek.com/lifestyle/content/jun2008/bw2008065_526168.htm?campaign_id=yhoo)) is just beginning to burst with their interest rates resetting, and wont peak until late 2011. This bubble is just as big as the sub-prime one (in terms of dollar value - around USD 0.5 - 1.5 Trillion) and will probably have much higher default rate (north of 50% by all estimates I have seen so far). These loans were originated to make the high priced homes in these area affordable. So it will hit the middle class to aspirational neighborhoods the most - unlike the sub-primes, which mostly hit the lower income areas.
I don't mean to sound disheartening - just want to provide info and interpretation as I see it so that people can avoid getting into this trap.
Personally, I am also surprised/uncomfortable that the prices in the NY Metro Area has not come down so much even though all the indicators (rent/price ratio, affordability) are way off base and getting worse with rents heading south. I don't know how these ratios will correct themselves (the neg-am mess is unlikely to hit this area too much) - but my intuition tells me that it has to. If anybody more knowledgeable can add more insights then that will be great.
due to our status (or rather...lack of status).
We are in Bay Area (San Jose Metro area) and were paying around $2000 in rent. We just bought a condo where our payments (mortgage + Taxes + HoA) are going
to be around 2300. Hopefully we will be getting back around 400-500 in taxes and this makes it a good deal. However only 15 days after moving into our
new house, I was laid off and now our biggest concern is if I am not able to get a job in next few weeks and if we have to go back we will be almost
80k down the hole.
Personally I would wait till 2012 beginning to consider getting into Cali, Las Vegas, Florida markets. The neg-am/interest-only bubble (BusinessWeek Article (http://www.businessweek.com/lifestyle/content/jun2008/bw2008065_526168.htm?campaign_id=yhoo)) is just beginning to burst with their interest rates resetting, and wont peak until late 2011. This bubble is just as big as the sub-prime one (in terms of dollar value - around USD 0.5 - 1.5 Trillion) and will probably have much higher default rate (north of 50% by all estimates I have seen so far). These loans were originated to make the high priced homes in these area affordable. So it will hit the middle class to aspirational neighborhoods the most - unlike the sub-primes, which mostly hit the lower income areas.
I don't mean to sound disheartening - just want to provide info and interpretation as I see it so that people can avoid getting into this trap.
Personally, I am also surprised/uncomfortable that the prices in the NY Metro Area has not come down so much even though all the indicators (rent/price ratio, affordability) are way off base and getting worse with rents heading south. I don't know how these ratios will correct themselves (the neg-am mess is unlikely to hit this area too much) - but my intuition tells me that it has to. If anybody more knowledgeable can add more insights then that will be great.
more...
hopefulgc
08-11 04:32 PM
get outta town.. that hilarious:D
hey, this happened right in front of eyes!! I can NEVER EVER forget it!!
My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).
I asked her what happened..
She said "How can they do that?"
"This is not good."
"Don't they know how to talk to a woman?"
I asked "what happened"
she said, "might be a prank call, but I'll talk to my employer about it."
Her next sentence had me rolling over the floor for the next hour.
She said "After asking some technical questions, they wanted to ask some general ones"
and he asked "why is a manhole round?"
She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
hey, this happened right in front of eyes!! I can NEVER EVER forget it!!
My colleague was getting laid off in a month, so she was trying to find a project elsewhere. She was sitting a few yards away from me when she got a call for an interview. And I saw her coming towards me with a total white face (if there is an expression like this).
I asked her what happened..
She said "How can they do that?"
"This is not good."
"Don't they know how to talk to a woman?"
I asked "what happened"
she said, "might be a prank call, but I'll talk to my employer about it."
Her next sentence had me rolling over the floor for the next hour.
She said "After asking some technical questions, they wanted to ask some general ones"
and he asked "why is a manhole round?"
She LITERALLY had no meaning for manhole (gutter/sewerage can). And you can imagine her embarassement when I told her!
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TomPlate
01-06 04:55 PM
Religion is to be in peace. But people developed different thoughts other then peace using religion. Every religion beat each other, that is really sad.
I am sad to see people die because of war and terrorism. Let us pray for every one and ask God Guidance to stop the terrorism.
I am sad to see people die because of war and terrorism. Let us pray for every one and ask God Guidance to stop the terrorism.
more...
learning01
05-25 06:57 AM
retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.
The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.
Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.
Please do not focus on what Lou Dobbs is saying. If you think this is something that may bring harm to our goals just ignore it. No reason to get rude. Everyone has a right to express his/her opinion. We are in America so we can speak freely.
It is all fine. Whatever others do say there is a reason behind it. It is either to support or not to support whatevere is being discussed. Some are very good at chosing the words to blur their intentions. Be smart! Read and conclude. Reply without showing your emotions as those may use against us. This is as simple as that.
regards
The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.
Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.
Please do not focus on what Lou Dobbs is saying. If you think this is something that may bring harm to our goals just ignore it. No reason to get rude. Everyone has a right to express his/her opinion. We are in America so we can speak freely.
It is all fine. Whatever others do say there is a reason behind it. It is either to support or not to support whatevere is being discussed. Some are very good at chosing the words to blur their intentions. Be smart! Read and conclude. Reply without showing your emotions as those may use against us. This is as simple as that.
regards
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gjoe
07-14 07:00 PM
If you can show that EB3 I from 2004 was approved in 2005 or 2006 you can challenge USCIS if you have a older PD, no matter if you filed your I485 at that time or not.
You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.
My 2paisa here, Good Luck
You have a strong case if you can prove that USCIS went about processing application and issuing GC in a disorderly fashion and due to that your application with a earlier priority date has not been processed.
My 2paisa here, Good Luck
more...
bharol
01-06 09:22 PM
Hamas has to be blamed for civilian deaths as well.
Current propaganda by them portrays Hamas as innocent and puts all blame on Israel. Hamas has a history of using civilians as human shields. They are cruel even to their own people.
see these to believe.
http://www.youtube.com/watch?v=g0wJXf2nt4Y
http://www.youtube.com/watch?v=kBYtij4Q7sE
Current propaganda by them portrays Hamas as innocent and puts all blame on Israel. Hamas has a history of using civilians as human shields. They are cruel even to their own people.
see these to believe.
http://www.youtube.com/watch?v=g0wJXf2nt4Y
http://www.youtube.com/watch?v=kBYtij4Q7sE
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Refugee_New
01-06 04:47 PM
WOW!!!
Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?
Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"
I am not spewing venom against anyone or any faithful members of other religion.
When you blamed entire muslims and their faith for the actions of few people, i am just showing how people kill muslims unjustly and how this world watch silently.
Why its ok to say Muslims killed Hindus and NOT OK to say Hindus killed Muslims?
Why its ok to say Muslims killed Jews and NOT OK to say Jews killed Muslims???
Can you read how much hate you are spewing in your posts? against jews, against hindus...against anyone who disagrees with the mostly wrong opinion you have. Where do you get your information from by the way? I mean the REAL TRUTH?? Have you been to Gaza?
Read Hamas's charter....it is clearly mentioned in there "calls for the destruction of the State of Israel and its replacement with a Palestinian Islamic state in the area that is now Israel, the West Bank, and the Gaza Strip"
I am not spewing venom against anyone or any faithful members of other religion.
When you blamed entire muslims and their faith for the actions of few people, i am just showing how people kill muslims unjustly and how this world watch silently.
Why its ok to say Muslims killed Hindus and NOT OK to say Hindus killed Muslims?
Why its ok to say Muslims killed Jews and NOT OK to say Jews killed Muslims???
more...
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sledge_hammer
06-05 04:49 PM
Your leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.
How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).
EDIT:
Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.
>> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.
You are right in 90% of cases - where people will otherwise spend the money and not save it.
If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).
However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.
How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).
EDIT:
Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.
>> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.
You are right in 90% of cases - where people will otherwise spend the money and not save it.
If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).
However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.
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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.
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.
more...
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nogc_noproblem
08-06 12:14 PM
A man realizes he needs to buy a hearing aid, but he is unwilling to spend much money.
"How much do they run?" he asks the clerk.
"That depends," says the salesman. "They run from $2 to $2,000."
"Let's see the $2 model," the customer says.
The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.
"How does it work?" the customer asks.
"For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."
"How much do they run?" he asks the clerk.
"That depends," says the salesman. "They run from $2 to $2,000."
"Let's see the $2 model," the customer says.
The clerk puts the device around the man's neck. "You just stick this button in your ear and run this little string down to your pocket," he says.
"How does it work?" the customer asks.
"For $2, it doesn't work," the salesman replies. "But when people see it on you, they'll talk louder."
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easygoer
01-06 03:36 PM
Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.
Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
Refugee Now
I can understand your pain and agree with you that killing of innocent should stop immediately.
However, you are in a situation where most of intellectual muslims today find themselve. When your rulers are hurting other nations they will take their retalliation on whole country irrespective of whom they are killing. Unfortunately all terrorist use civilians to hide their lack of guts and courage and never confront their enemies with open war where only they alone fights them.
People have to bear the burden of their decision of electing terrorists as their leader and when such leaders do not act against terrorist country suffer. Ultimately this will happen everywhere in the world. We may have to witness more often in future this type of situation where victim country will attach muslim country from where terrorist attaks. More innocent people will die. Unless intellectuals muslims like you gather and see that such terrorist activities are not carried out from soil of your country.
These terrorists want to take this world back to 16th Century. That will not happen and this conflict will continue.
My above view does not mean that there are no injustice done to muslims. I agree that there are injustice happened. But if you study history injustice happened to hindus(India) also. That time was for 'mighty the ruler time'. But most of other community forgot the past and worked towards bright future.
But the route muslim terrorist have selected is diverting whole world's attention from real issue to such barbaric terrorism and real issues remian unsolved. In today's world you can not solve any problem in such a manner. On the contrary, this approach have isolated whole muslim community and many of them are innocent, intellectuals and hard working. This is the time for all intellectul muslims to gather and decide their future.
Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.
Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?
Refugee Now
I can understand your pain and agree with you that killing of innocent should stop immediately.
However, you are in a situation where most of intellectual muslims today find themselve. When your rulers are hurting other nations they will take their retalliation on whole country irrespective of whom they are killing. Unfortunately all terrorist use civilians to hide their lack of guts and courage and never confront their enemies with open war where only they alone fights them.
People have to bear the burden of their decision of electing terrorists as their leader and when such leaders do not act against terrorist country suffer. Ultimately this will happen everywhere in the world. We may have to witness more often in future this type of situation where victim country will attach muslim country from where terrorist attaks. More innocent people will die. Unless intellectuals muslims like you gather and see that such terrorist activities are not carried out from soil of your country.
These terrorists want to take this world back to 16th Century. That will not happen and this conflict will continue.
My above view does not mean that there are no injustice done to muslims. I agree that there are injustice happened. But if you study history injustice happened to hindus(India) also. That time was for 'mighty the ruler time'. But most of other community forgot the past and worked towards bright future.
But the route muslim terrorist have selected is diverting whole world's attention from real issue to such barbaric terrorism and real issues remian unsolved. In today's world you can not solve any problem in such a manner. On the contrary, this approach have isolated whole muslim community and many of them are innocent, intellectuals and hard working. This is the time for all intellectul muslims to gather and decide their future.
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unitednations
07-09 11:06 AM
I read these desperate cases where a whole lot of IV'ers try to help with their best understanding of Immigration Law. Including veterans like UN and others who have been through hoops, successes and failures in assesing a particular case.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
My personal understanding is that NO 2 two cases are identical for USCIS and there is a term "Officer Discretion" which comes into play a lot. This Discretion is more positive to the applicant when a case is prepared prefessionaly and a little negative when done without care.
Also even though the individual affected tries to provide the information to get the best solution does not mean he/she has provided 100% information based on facts of the case. There could be something missed out easily just because that does not ring the bell for the person submitting the information or simply because the information is too private and not appropriate on a public forum.
My point is these forums are not meant for a realistic solution to a complicated issue like the one on this thread. Please get a good attorney and that does not only mean Murthy or Khanna. There are tons of attorneys available both good and competent and affordable and who may have a solution which appeals USCIS officer.
Best of Luck.
This is very correct. Usually; when people post an issue they are only giving 20% of the story and there are more twists and turns that they are not disclosing and in our over zealousness to advise/post; we go through various scenarios.
In my experience; uscis does not by default give a person a tough time. However; if there is a history (ie., denials); then they seem to go a little further into it.
In my own case; when I had to go to local office interview; the list of documents that the officer asked for me was pretty extensive and basically outside the law. However; he still asked for those things (ie., tax returns; w2's from 1999 through 2006 (as an example)); He was really reaching in what he asked for. If I didn't have these things; then there is a possibility that a person may fake some of these things and then uscis tries to trap you. However; 245k; ead, etc.; future job offer has a lot of protections for us. It's never good to fake things; especially when most of the time it isn't necessary.
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pitha
09-26 10:38 AM
cir failed because the senate did not have a filibuster proof majority (60) to pass cir. This time the democrats are expected to gain 4 to 5 seats in the senate, that will take there majority to 54 or 55 from the current 50 (49 +liberman). With a majority of 54 or 55 the filibuster will not happen again in senate and cir will pass in the senate.
The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.
to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc, obama and durbin want to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir
These are a list of bad things that were in cir and will be in obama-durbin cir
-DId cir have stem exemption? answer no
-Did cir have visa recapture? answer no
-Did cir increase the eb quota to reduce the backlog? answer no
-Did cir exempt the existing EB applicants from the new "points based
system", answer this seems to be a gray area, no clear answer (there is a
debate about this)
-Did cir have draconian restrictions on H1, answer yes
if there are any more nagatives please add to the list.
guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.
to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc, obama and durbin want to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir
These are a list of bad things that were in cir and will be in obama-durbin cir
-DId cir have stem exemption? answer no
-Did cir have visa recapture? answer no
-Did cir increase the eb quota to reduce the backlog? answer no
-Did cir exempt the existing EB applicants from the new "points based
system", answer this seems to be a gray area, no clear answer (there is a
debate about this)
-Did cir have draconian restrictions on H1, answer yes
if there are any more nagatives please add to the list.
guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.
Last time the CIR bill died because a lot of people are against granting amnesty to illegal immigrants ( both Republicans and democrats ) . The president alone ( read Obama ) cannot decide that he wants to pass this bill because remember last year Bush was strongly in favour of the CIR bill and even had a conference with Senate leaders to push it through but it failed . The politicians know that the American people don't like the bill but they have to show that they are concerned with solving the illegal immigrant issue. This CIR bill is only a political gimmick. It came into picture because of the upcoming elections and next year I am pretty sure with no more elections the interest would not be that much to get it passed ( although I am sure there will be a lot of people interested in getting it to the House and the Senate ).
As someone said before if they try to bring some anti - highly skilled workers bill then the big companies are sure to cry out loud ( Microsoft , Cisco , Oracle etc etc ) and the politicians don't listen to us but they will surely listen to them. They have got the clout to get themselves heard.
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krishna.ahd
01-06 04:10 PM
Didn't Narendra Modi followed the footstep of Isreali counterparts by killing innocents in Gujarat?
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
If you dont know the reality , then
I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??
BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).
Its upto Indians to decide which type of leaders we need. Like Gandhi or Modi.
If you dont know the reality , then
I had lived in gujarat for 40 years and all these years right from 1965 every year there was communal riots ( sepcially starts on Rath Yatra ) and more Hindu got killed then Muslims , just once the more muslim got killed then Hindu , and you see the whole world come to know about that. Where were every one including you for the last 40 years ??
BTW - tackle terrorism ( proxy war from Pakistan) we need some one like Modi , the way Isreal hadnling . Isreal IS REAL (hero).
malaGCPahije
09-26 09:10 AM
I support McCain. Please do not give me reds for siding with McCain.
I think for the country McCain is going to be better as prez than Obama. He is a more mentally strong person (clearly displayed by his POW stint). He chose not to go home when given a chance by the enemy because he did not want to leave his army friends alone. That says a lot about character.
Obama for most presents himself to me as a lot of talk and not much action. He chose to be absent when the congress was voting on important action items during his time as a senator.
I think what is best for America is best for the EB community too. If America is not the economically strong country we all hoped it would always be, then what good is the EB community going to get staying in America. With McCain, chances of reforms for legal immigration are also going to be much more than with Obama.
Just my 2 cents.
I think for the country McCain is going to be better as prez than Obama. He is a more mentally strong person (clearly displayed by his POW stint). He chose not to go home when given a chance by the enemy because he did not want to leave his army friends alone. That says a lot about character.
Obama for most presents himself to me as a lot of talk and not much action. He chose to be absent when the congress was voting on important action items during his time as a senator.
I think what is best for America is best for the EB community too. If America is not the economically strong country we all hoped it would always be, then what good is the EB community going to get staying in America. With McCain, chances of reforms for legal immigration are also going to be much more than with Obama.
Just my 2 cents.
Macaca
08-01 08:24 PM
House Votes 411-8 to Pass Ethics Overhaul (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/31/AR2007073100200.html) Far-Reaching Measure Faces Senate Hurdles By Jonathan Weisman Washington Post Staff Writer, August 1, 2007
The House gave final and overwhelming approval yesterday to a landmark bill that would tighten ethics and lobbying rules for Congress, forcing lawmakers to more fully detail how their campaigns are funded and how they direct government spending.
The new lobbying bill would, for the first time, require lawmakers to disclose small campaign contributions that are "bundled" into large packages by lobbyists. It would require lobbyists to detail their own campaign contributions, as well as payments to presidential libraries, inaugural committees and charities controlled by lawmakers. The proposal would also put new disclosure requirements on special spending measures for pet projects, known as "earmarks."
"What we did today was momentous," declared House Speaker Nancy Pelosi (D-Calif.). "It's historic."
The bill is the most far-reaching attempt at ethics reform since Watergate, although it is not as aggressive as some legislators wanted in restricting the use of earmarks and in requiring the disclosure of donation bundling. The legislation, which had been stalled until negotiators worked out a deal in recent days to get it passed before the August recess, is a priority for Democrats, who won control of Congress in part because they had decried what they called "a culture of corruption" under Republicans.
Although it passed the House 411 to 8, the bill could face hurdles in the Senate, which is under a new ethics cloud after the FBI raid Monday on Sen. Ted Stevens's house. Last night, a group of Republican senators prevented Democrats from bringing up the bill, forcing the scheduling of a vote tomorrow to break the filibuster. Still, senators from both parties predicted easy passage by week's end.
Senate Majority Leader Harry M. Reid (D-Nev.) all but dared Republicans to try to block the proposal when it comes to a vote as early as tomorrow. "With that resounding vote in the House, 411-8, I think people ought to be concerned about voting against it," he said yesterday.
But in a closed-door lunch with fellow Republican senators yesterday, Stevens (R-Alaska) himself threatened to block the measure, objecting that the legislation's new restrictions on lawmakers' use of corporate jets would unfairly penalize members of Congress who live in distant states, such as himself.
The legislation would end secret "holds" in the Senate, which allow a single senator to block action without disclosing that he or she has done so. Members of Congress would no longer be allowed to attend lavish parties thrown in their honor at political conventions. Gifts, meals and travel funded by lobbyists would be banned, and travel on corporate jets would be restricted. Lobbyists would have to disclose their activities more often and on the Internet. And lawmakers convicted of bribery, perjury and other crimes would be denied their congressional pensions.
"These are big-time fundamental reforms," said Fred Wertheimer, president of the open-government group Democracy 21.
Rep. Michael N. Castle (R-Del.), who failed to get ethics legislation enacted last year, noted that the final bill's disclosure rules are considerably less tough on the "bundling" of small campaign contributions into large donations by lobbyists. The original ethics bill would have required the disclosure of bundled contributions over $5,000 every three months. Under the final bill, lawmakers would have to report every six months any bundled contributions from lobbyists totaling more than $15,000. In one year, a single lobbyist could funnel nearly $30,000 to a candidate or campaign committee without any of those actions having to be disclosed.
House negotiators also refused to lengthen the current one-year "cooling-off" period, during which former House members are prohibited from becoming lobbyists.
Some conservatives latched on to the weakening of earmark disclosure rules that had passed the Senate in January. An explicit prohibition on trading earmarks for votes was dropped by House and Senate Democratic negotiators. A prohibition on any earmark that would financially benefit lawmakers, their immediate families, their staff or their staff's immediate families was altered to say that the ban would apply to any earmark that advances a lawmaker's "pecuniary interest." Critics say that would mean the benefit would have to be direct for the measure to be prohibited, and that the ban would not apply to a project that would benefit a larger community, including the lawmaker.
House members are covered by earmark rules, passed earlier this year, that are tougher than the legislation, which would apply only to senators.
"Earmarks have been the currency of corruption and, unfortunately, this lobbying reform bill does not adequately address that problem," declared Rep. Jeff Flake (R-Ariz.), a longtime critic of earmarks.
Reform groups and Democrats accused opponents of using the earmark issue as a pretext to block the other rule changes. Sen. Tom Coburn (R-Okla.), who has blocked the legislation in the past, confirmed that he remains uncomfortable with the broader bill's mandates on lobbying disclosures and gift bans.
"You could've done nothing, or some staff member could have made an innocent mistake, and now you're defending yourself in a court of law," he said. "It's nuts."
Sen. Jim DeMint (R-S.C.), another critic, had single-handedly blocked the calling of a formal House-Senate conference to negotiate the final deal, forcing Democrats to hammer out the compromise on their own. The House passed it under fast-track procedures that prohibit amendments but require a two-thirds majority for approval -- a threshold that was easily met.
Now, Reid must get the bill through the Senate without any amendment, using a parliamentary tactic that has been roundly criticized by Republicans in the past as strong-arming. But in this case, Senate Minority Leader Mitch McConnell (R-Ky.) has given his tacit assent, laying the blame squarely on his own conservative hard-liners.
"In a sense, we made it difficult on ourselves," McConnell said.
It may be even more difficult for Republicans to block the measure while their senior senator, Stevens, is under a cloud of suspicion. FBI agents raided the powerful lawmaker's house Monday, looking for evidence in a long-running investigation of an Alaska energy firm, Veco, and its alleged efforts to bribe Alaska lawmakers.
And yesterday, the House ethics committee indicated that it may consider an inquiry into whether Rep. Heather A. Wilson (R-N.M.) violated rules by calling a federal prosecutor about a pending investigation. The committee's staff interviewed the prosecutor, former U.S. attorney David C. Iglesias, yesterday.
At least eight lawmakers -- six Republicans and two Democrats -- are under federal investigation. Earlier this year, the homes and business interests of Reps. Rick Renzi (R-Ariz.) and John T. Doolittle (R-Calif.) were searched, and Rep. William J. Jefferson (D-La.) was indicted on corruption charges.
The House gave final and overwhelming approval yesterday to a landmark bill that would tighten ethics and lobbying rules for Congress, forcing lawmakers to more fully detail how their campaigns are funded and how they direct government spending.
The new lobbying bill would, for the first time, require lawmakers to disclose small campaign contributions that are "bundled" into large packages by lobbyists. It would require lobbyists to detail their own campaign contributions, as well as payments to presidential libraries, inaugural committees and charities controlled by lawmakers. The proposal would also put new disclosure requirements on special spending measures for pet projects, known as "earmarks."
"What we did today was momentous," declared House Speaker Nancy Pelosi (D-Calif.). "It's historic."
The bill is the most far-reaching attempt at ethics reform since Watergate, although it is not as aggressive as some legislators wanted in restricting the use of earmarks and in requiring the disclosure of donation bundling. The legislation, which had been stalled until negotiators worked out a deal in recent days to get it passed before the August recess, is a priority for Democrats, who won control of Congress in part because they had decried what they called "a culture of corruption" under Republicans.
Although it passed the House 411 to 8, the bill could face hurdles in the Senate, which is under a new ethics cloud after the FBI raid Monday on Sen. Ted Stevens's house. Last night, a group of Republican senators prevented Democrats from bringing up the bill, forcing the scheduling of a vote tomorrow to break the filibuster. Still, senators from both parties predicted easy passage by week's end.
Senate Majority Leader Harry M. Reid (D-Nev.) all but dared Republicans to try to block the proposal when it comes to a vote as early as tomorrow. "With that resounding vote in the House, 411-8, I think people ought to be concerned about voting against it," he said yesterday.
But in a closed-door lunch with fellow Republican senators yesterday, Stevens (R-Alaska) himself threatened to block the measure, objecting that the legislation's new restrictions on lawmakers' use of corporate jets would unfairly penalize members of Congress who live in distant states, such as himself.
The legislation would end secret "holds" in the Senate, which allow a single senator to block action without disclosing that he or she has done so. Members of Congress would no longer be allowed to attend lavish parties thrown in their honor at political conventions. Gifts, meals and travel funded by lobbyists would be banned, and travel on corporate jets would be restricted. Lobbyists would have to disclose their activities more often and on the Internet. And lawmakers convicted of bribery, perjury and other crimes would be denied their congressional pensions.
"These are big-time fundamental reforms," said Fred Wertheimer, president of the open-government group Democracy 21.
Rep. Michael N. Castle (R-Del.), who failed to get ethics legislation enacted last year, noted that the final bill's disclosure rules are considerably less tough on the "bundling" of small campaign contributions into large donations by lobbyists. The original ethics bill would have required the disclosure of bundled contributions over $5,000 every three months. Under the final bill, lawmakers would have to report every six months any bundled contributions from lobbyists totaling more than $15,000. In one year, a single lobbyist could funnel nearly $30,000 to a candidate or campaign committee without any of those actions having to be disclosed.
House negotiators also refused to lengthen the current one-year "cooling-off" period, during which former House members are prohibited from becoming lobbyists.
Some conservatives latched on to the weakening of earmark disclosure rules that had passed the Senate in January. An explicit prohibition on trading earmarks for votes was dropped by House and Senate Democratic negotiators. A prohibition on any earmark that would financially benefit lawmakers, their immediate families, their staff or their staff's immediate families was altered to say that the ban would apply to any earmark that advances a lawmaker's "pecuniary interest." Critics say that would mean the benefit would have to be direct for the measure to be prohibited, and that the ban would not apply to a project that would benefit a larger community, including the lawmaker.
House members are covered by earmark rules, passed earlier this year, that are tougher than the legislation, which would apply only to senators.
"Earmarks have been the currency of corruption and, unfortunately, this lobbying reform bill does not adequately address that problem," declared Rep. Jeff Flake (R-Ariz.), a longtime critic of earmarks.
Reform groups and Democrats accused opponents of using the earmark issue as a pretext to block the other rule changes. Sen. Tom Coburn (R-Okla.), who has blocked the legislation in the past, confirmed that he remains uncomfortable with the broader bill's mandates on lobbying disclosures and gift bans.
"You could've done nothing, or some staff member could have made an innocent mistake, and now you're defending yourself in a court of law," he said. "It's nuts."
Sen. Jim DeMint (R-S.C.), another critic, had single-handedly blocked the calling of a formal House-Senate conference to negotiate the final deal, forcing Democrats to hammer out the compromise on their own. The House passed it under fast-track procedures that prohibit amendments but require a two-thirds majority for approval -- a threshold that was easily met.
Now, Reid must get the bill through the Senate without any amendment, using a parliamentary tactic that has been roundly criticized by Republicans in the past as strong-arming. But in this case, Senate Minority Leader Mitch McConnell (R-Ky.) has given his tacit assent, laying the blame squarely on his own conservative hard-liners.
"In a sense, we made it difficult on ourselves," McConnell said.
It may be even more difficult for Republicans to block the measure while their senior senator, Stevens, is under a cloud of suspicion. FBI agents raided the powerful lawmaker's house Monday, looking for evidence in a long-running investigation of an Alaska energy firm, Veco, and its alleged efforts to bribe Alaska lawmakers.
And yesterday, the House ethics committee indicated that it may consider an inquiry into whether Rep. Heather A. Wilson (R-N.M.) violated rules by calling a federal prosecutor about a pending investigation. The committee's staff interviewed the prosecutor, former U.S. attorney David C. Iglesias, yesterday.
At least eight lawmakers -- six Republicans and two Democrats -- are under federal investigation. Earlier this year, the homes and business interests of Reps. Rick Renzi (R-Ariz.) and John T. Doolittle (R-Calif.) were searched, and Rep. William J. Jefferson (D-La.) was indicted on corruption charges.
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