Tuesday, August 2, 2011

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  • file485
    07-11 08:03 AM
    pthoko..

    wait for UN's reply..

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..





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  • nogc_noproblem
    08-06 11:50 AM
    ..





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  • Macaca
    12-30 07:15 PM
    Binayak Sen: India's war on a man of peace
    A life term for Binayak Sen under a law used by the British against Gandhi has shocked my country (http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/28/binayak-sen-india-british-gandhi) By Kalpana Sharma | The Guardian

    More than 150 years ago, the British introduced a law in India designed to check rebellious natives. In 2010 this law has been used by an independent India to check activists who question government policy.

    Section 124A of the Indian penal code was introduced in 1870 by the British to deal with sedition. It was later used to convict Mahatma Gandhi. In his statement during the hearing on 23 March 1922, Gandhi said, "The section under which Mr Banker [a colleague in non-violence] and I are charged is one under which mere promotion of disaffection is a crime. I have studied some of the cases tried under it, and I know that some of the most loved of India's patriots have been convicted under it. I consider it a privilege, therefore, to be charged under that section � I hold it to be a virtue to be disaffected toward a government which in its totality has done more harm to India than any previous system."

    The man convicted under this section in 2010 is, like Gandhi, a man of peace. Dr Binayak Sen, celebrated human rights activist and medical doctor, has worked for more than three decades as a doctor in the tribal-dominated areas of the state of Chhattisgarh in central India, working for people denied many of the basic services that the state should provide, such as health and education.

    As a civil rights activist, Sen has been an outspoken critic of the state government and its repressive actions against the armed rebellion launched by the banned Communist party of India (Maoist). The state has introduced special laws to suppress support for the Maoists, raising a militia to fight them. Independent observers concur with Sen on the extent of human rights violations, but in May 2007 he was arrested on charges of working with a banned organisation, based on visiting a well-known Maoist ideologue, Narayan Sanyal, in jail.

    Denied bail for two years, Sen was finally allowed out on bail last year. On December 24, a case that on all counts was weak and based on hearsay and circumstantial evidence, concluded. Sen was found guilty of sedition and other charges, and sentenced to life imprisonment. The judgment has provoked widespread condemnation from Indian civil society.

    Why this case has shocked people's sensibilities has as much to do with the man himself as the state in which he has chosen to work. Sen worked among the poorest and most deprived people in India, the Adivasis. The Maoists have also established their base in the tribal belt stretching through the heart of India. Their concerns are similar; their strategies diametrically opposite.

    But for the Chhattisgarh government, the Maoists are evil and deserve no sympathy or understanding. Because they use violence, the response of the state must be equally violent.

    Sen and many others who question India's development policy, which has exacerbated the gap between the poorest and the rich, argue that groups like the Maoists succeed because the state fails to serve the needs of the poor. In an atmosphere where everything is reduced to "You are either for us, or against us", there is no place for people like Sen who are fighting for social justice without violence. Arundhati Roy, who has dared to speak publicly about freedom for Kashmir and has spent time with the Maoists to present their worldview, also narrowly escaped sedition charges earlier this year.

    The judgment against Sen also reveals the extent to which paranoia and political bias in a state can affect the justice system. In Chhattisgarh today you would need to be a brave individual to question the state. Even judges in lower courts will not. Sen's supporters are determined to file an appeal and take it to the highest court. But whatever the outcome, the very fact of such a ruling has shocked many. India's judiciary has not remained untouched by the scandals currently being unearthed of corruption in very high places. Yet, by and large, faith in the excruciatingly slow judicial system remains fairly high. Today people ask: if even high-profile people like Sen can be denied justice, what hope is there for some unknown citizen being picked and charged of being a Maoist sympathiser or a terrorist?





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  • srkamath
    07-13 04:32 PM
    Peace! That letter wasn't the final print; we could change it for better. That was just an initiative. Do not pick on others writing skills. English is after all not the language in which most of us think; we use our mother tongue instead and then do the translation!

    Please help if you can, nobody would deny an helping hand.

    I'm not picking on anybody's writing skills, sorry if it sounded so.......I was a little upset by the ".....crying like little babies...." remark by rajuram.

    My intent is to get someone to write a good letter that makes a compelling case for EB3 reform. No ranting, whining, pleading, no envy ......... just an eager, passionate appeal for broad reform.

    We are in an English Speaking nation - to succeed we must write and speak well in English - No EXCUSES. Good writing is an acquired skill.

    The letter will not be very effective it is misdirected - write to congress not DOS/DOL/DHS.

    EB3 members - please draft a passionate letter(s) express the pain (not frustration)....



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  • H1B-GC
    09-26 08:50 AM
    Also,as America becomes more socialistic the power of lobbying from companies becomes even more less appealing to the Politicians. Our interests had to be protected by ourselves.

    http://www.time.com/time/nation/article/0,8599,1843168,00.html





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  • Macaca
    05-02 05:38 PM
    Don't kowtow to China now (http://www.theaustralian.com.au/national-affairs/dont-kowtow-to-china-now/story-fn59niix-1226047967727) By Paul Dibb | The Australian

    PRIME Minister Julia Gillard's visit to China has confirmed important strategic priorities for Australia. She called for Australia and China to gradually increase their defence co-operation as a means to promote good relations and understanding of each other. She also talked about wanting to see increased military transparency by China.

    Defence Minister Stephen Smith says he has also made it very clear to his Chinese counterpart that Australia expects China to abide by, and conduct itself, in accordance with international norms, including the international law of the sea.

    Given China's military build-up and its more aggressive behaviour of late in the East and South China Seas, these are entirely legitimate strategic interests for Australia.

    While Gillard has made it plain that she does not support the idea of the US and its allies containing China, her strong support of the US alliance during her recent visit to Washington will not have gone unnoticed in Beijing. It was appropriate that the Australian PM first visit Japan and South Korea before going to China. The fact is that the US, Japan and South Korea are - like us - democracies and allies of America. China will never be our ally.

    None of this undermines the PM's objective of encouraging increased military co-operation and defence links. We have to understand what China intends to do with its military forces in future.

    These are non-trivial issues for Australia over the next two or three decades. Of course it is sensible policy to encourage Beijing to be a responsible emerging great power and to be closely engaged in the development of security and stability in the Asia-Pacific region.

    It is also good policy to engage China across the full range of our bilateral relationship - political, economic, defence, cultural and human rights.

    But as Beijing's power inevitably grows this suggests that in parallel with engagement we should also have a policy of hedging against a more belligerent China in future.

    The Australian defence white paper of May 2009 states that by 2030 China will be the strongest Asian military power by a considerable margin and that its military modernisation will be increasingly characterised by the development of power projection capabilities.

    As China becomes more powerful economically, it can be expected to develop more substantial military capabilities befitting its size. But, as the white paper notes, the pace, scope and structure of China's military modernisation have the potential to give its neighbours cause for concern.

    If China does not become more transparent, questions will inevitably arise about the purpose of its military development plans. Beijing is developing some quite impressive capabilities that will eventually make it more hazardous for the US and its allies to operate in China's maritime approaches with impunity. This is increasingly recognised to be the case by the US and Japan.

    In Australia, there have been some fantasies lately suggesting we should be able to develop forces capable of attacking China directly. That is dangerous and stupid. We can, however, aspire to building force elements - including submarines - that would contribute usefully to a US-led coalition force, which would include Japan and Australia.

    This is not to see China as the next inevitable enemy. Now and foreseeably it will not have the awesome military strength of the former Soviet Union. And Beijing has no experience whatsoever of prosecuting a modern war.

    China needs a basically peaceful strategic environment so that it can give priority to governing an increasingly restive population of 1.3 billion.

    China is not a country without weaknesses. We need to remember this before we conclude that China will continue to rise and rise and not experience serious hurdles.

    To take one example, the one-child policy has resulted in a rapidly ageing population.

    By 2014, China's working-age numbers will begin to decline and by 2040 some 30 per cent of China's population will be over 60 years old.

    This will inevitably have serious implications for economic growth rates, which are already predicted to decline to about 7 per cent a year compared with 10-12 per cent growth previously.

    There are many other political, economic, environmental and corruption problems facing China in the 21st century.

    We should be wary of straight line extrapolations that predict China's inevitable growth to a position of regional supremacy.

    There are other geopolitical factors at work.

    If China becomes more aggressive it will face a closing of the ranks in Asia. Already, its more confrontational stance over maritime disputes and its unquestioning support of North Korea has led Japan and South Korea to be more pro-American.

    While it is true that many countries in the region, including Australia, are increasingly dependent on China for our economic wellbeing, there is growing unease about China's military build-up and its increasingly aggressive attitude over its territorial claims.

    The fact is that China's only really close friends in Asia are North Korea, Burma and Pakistan. India will inevitably find itself uncomfortable with China's growing power and that is already the case with Vietnam. Other middle powers, such as Indonesia, will also have to take account of how a more assertive China conducts itself.

    We have two scenarios here. The first is a China that continues to focus on its economic wellbeing and which increasingly sees it in its interest to be part of building a co-operative regional security environment (what Beijing calls "a harmonious region"). The second scenario is the one we must hedge against: it involves a militarily stronger and more dangerous China.

    The jury is out on which direction China will take. It is not prudent at present to panic and to build forces supposedly capable of tearing an arm off China. Nor is it time to kowtow and acknowledge the inevitability of Chinese primacy accompanied by, as some would have it, the equally inevitable decline of a US fatally weakened by its current economic difficulties.

    Paul Dibb is emeritus professor of strategic studies at the Australian National University. In 1978, as deputy director of defence intelligence, he visited China to open up defence relations.


    Another kind of Chinese History (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3164&Itemid=206) By Mark O'Neill | Asia Sentinel



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  • nojoke
    04-21 04:19 PM
    The trillion-dollar mortgage time bomb

    http://money.cnn.com/2008/04/21/news/economy/fannie_freddie/index.htm?section=money_mostpopular





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  • s_r_e_e
    08-06 01:43 PM
    Here is what happened.
    All monkeys also interfiled and became lions.

    :D:D that was a good one.



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  • gc_check
    04-07 07:42 PM
    H1B program for sure needs to be reformed, a constructive reform, not the one we see in this bill now. Some of the items in bill would indirectly kill the program than reform it. I'm very concerned, given the current situation; the H1B numbers running out on the opening day itself, this bill might get some consideration and attention. At least if we manage a get a clause that allows people with approved I-140 or labour apply for AOS, even when the EB Visa numbers are not available will help many many members of this group. Atleast you can get an EAD and get out of this H1B mess...

    Every one going through this process have a moral responsibility and have to do their part, Even if not part of the core, we need to atleast email, mail or call Senator/Congressmen office when required and contribute what you can to IV to help the folks who put in their precious time and work more or less full time on time, in spite having their own family and full time work.





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  • gimme_GC2006
    03-25 04:08 PM
    I do not understand either...OP says he/she does not want to spend a grand (not sure if it costs that much) in attorney fees while he is willing to spend time/money trying to immigrate to Alberta. Taking a fatalistic approach and hoping for the best seems to be the idea. Again good luck to OP.

    lol...you are right..

    but dont know... I am going by hunch..I hope not to regret..:)



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  • rbalaji5
    07-13 10:38 PM
    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.



    Great one -

    Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.





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  • jung.lee
    04-05 10:29 AM
    :eek:

    I have been reading this thread with a lot of interest and could not hold back from commenting on the unbridled optimism many of you guys are showing towards the housing market, which reminds me of the "long tailed" euphoria that followed long after the NASDAQ had crashed over 50% in 2001 after the tech bubble, and people kept wishing it would come back long after it became clear to most cynical observers that it would take decades to achieve the same levels as before (and it hasn't yet)...

    Housing has not yet bottomed. It still has a long way to go. You guys may think that the foreclosures related to subprime resets have subsided so the market may recover. You haven't seen anything yet. Consider:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/loan-matrix.jpg

    and:

    http://www.irvinehousingblog.com/wp-content/uploads/2007/04/adjustable-rate-mortgage-reset-schedule.jpg

    Option ARMs (adjustable rate mortgages) and Alt-A ARMs are the next two shoes to drop. In case you've had your head buried in the sand, the economy is on verge of a collapse. Unemployment is soaring and many more companies are considering layoffs. Many economic observers are opining that we are already in recession.

    Desi junta, and others, I entreat you readers to please consider this seriously in your house purchase decisions. If for some reason you need to sell and move out, at a minimum you will be saving some money (by not losing your downpayment, for example) by choosing to rent. Rent a house/townhouse from a private owner if you are tired of renting an apartment and have growing kids - it's a "renters market" in the private rental marketplace right now with so many investment properties purchased during the housing bubble available for rent.

    I would like to offer up a few blogs, whose commentators should be taken seriously. I recommend you read and bookmark the following blogs if you want to follow the housing market and the economy:

    http://calculatedrisk.blogspot.com/

    http://www.irvinehousingblog.com/

    http://housingpanic.blogspot.com/

    http://globaleconomicanalysis.blogspot.com/

    I like this website for people just starting out to get more financially educated (in an entertaining way):

    http://www.minyanville.com/

    Good luck and please be careful before 'taking the plunge!'



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  • vamsi_poondla
    09-30 10:30 PM
    Rightly said. This is the case with most of us mpadapa. We too are in the process of starting Australia PR. Perth area, while not as great as Silicon Valley, according to many, is a breeding ground for innovation.

    I cannot let this uncertainty - whether Obama's immigration policy will be same as Durbin's immigration policy for highly skilled immigrants - ruin my future. I have a career ahead and want to be in control of my fate.

    When I visited Statue Of Liberty last week, I had a strange feeling. First time I suspected that it is an age old fable that America used to accept immigrants with open arms to flourish - grow and contribute back. It seems too good to be true because our GC process is so irrational. 8 years wait for becoming PR in contrast with other western democracies could do it in < 5 years with a smoother process. Something wrong here.



    If Obama becomes president can he restore the faith of high-skilled immigrant who play by the books and still have to wait for decades to get their Green Card.

    After graduating with a Electrical engg degree from a top school in India, I got a job with a world leading semiconductor company. I first came to USA almost 12 years ago on a business trip as part of a multinational chip design effort for high end Telecommunication market. I was very impressed with the group of professionals I worked with. I felt the work environment stimulated the creativity in me and brought the best out of me. After the short trip I went back to my home country but that visit left a lasting impression on me and I felt USA would be the place I can further my professional abilities. Couple of years later, I came to USA for my Masters to embark on that journey. Even though I graduated when the US economy was in recession (2001), my unique skill set was much sought after and hence I got a job with a R&D startup division of a popular Japanese company. Working with a great group of professionals brought out the creativity in me. I currently have 10 US patents. The sailing was smooth until I started my Green Card process. The outdated immigration system and the long wait in the limbo state has been impacting my professional and personal life. I am starting to doubt that my American dream is slipping away day by day. I hope if Obama becomes the president he would restore some credibility to my faith in the immigration system. But if Sen. Durbin is driving Obama's immigration policy then I fear even more long waits for high-skilled immigrants because of Sen. Durbin's aggressive stance against H1B's. Mean while I have started to look at immigrant friendly countries like Australia and Canada as my possible future destination. Due to too much headaches with immigration process my Director had decided not to hire any more foreign workers, this decision has crippled our divisions expansion as most of the interested candidates require H1's. All the new projects which otherwise would have started in USA has moved to other places all because of the broken immigration process.

    Obama has mentioned many times on the campaign trail that "his education" is the reason why he has risen to where he is now. I feel Obama is a person who values higher education and high-skilled professional and I do have great faith in Obama's skills, I hope he takes a strong stance on the need to reform the high-skilled immigration system.

    Many have been looking at the high-skilled immigrants through a narrow pin hole, even Sen Durbin has been swayed by such critics. NFAP report shows that almost 50% of the private venture backed companies started between 1995 and 2005 are founded by immigrants. Guess what Sen. Durbin and high-skilled immigrant critics majority of those immigrants would've taken the route of H1 -> GreenCard -> US citizen. The companies started by those immigrants employ thousands of Americans and millions in tax revenue. Then why is America so hostile towards the same high-skilled immigration system which in the long run benefits America. Why are Sen. Durbin so short sighted on the high-skilled immigration system? Hope Obama can look at the high-skilled immigration system with a long term perspective and persuade his colleagues in Congress to enact a legislation to fix this broken system.

    Here is the link to the NFAP report which I talked about

    http://www.nfap.com/researchactivities/studies/immigrant_entreprenuers_professionals_november_200 6.pdf





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  • thomachan72
    07-08 08:56 AM
    Avery sad situation indeed. Hoping and praying that you see the silver line around the dark cloud fast. Is anybody aware of lawyers who would work through such situations for legal immigrants for free? I know it seems an absurd question, but in this country there are many service minded people also. One suggestion I have is to contact a nearby church / christian ministry and see is there are any lawyers with them who would give advice for free. I know many churches conduct free vaccination, health evaluation, maternity camps which specifically target desperate immigrants / poor american citizens.



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  • senthil1
    04-06 09:50 PM
    But congress needs to find some solution for H1b mess like applying 150k H1b in one day. If no alternative solution is suggested some part/all part of this bill may be considered. US companies will not be impacted as they are not h1b dependent and they are hiring more than 50% US workers so they may not oppose that much. If Microsoft lobby for 200k H1b but still if they could not get any h1b why will they lobby it? American companies will either ask unlimited H1b or restrictions for bodyshopping so that everyone will get fair share of H1b. Lottery is shame as many deserving candidates will be rejected but many lower grade people may enter there is no merrit in selection of H1b. If IV is opposing this they need to give some solution for H1b mess. Otherwise no point. Also the bill was introduced by both Democrat and Republican. So Whether it is passed or not it is going to be considered

    Anti-H1B lobby wants to make the system so difficult that it will be impossible to complete all the requirements. Their strategy is, if they cannot eliminate H-1B program, they will make in non-workable. Also, this bill was in the making for more than two years. They are timing their articles in the press with this bill because of a reason. Don't simply reject it by saying that "this is not going to pass". Taking this bill lightly will be a mistake.

    Please inform your friends, colleagues and employer about this very serious problem.





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  • alisa
    12-30 12:31 AM
    So what should India do?

    Not go to war overtly now. Start covert operations inside Pakistan on war footing and start funding and support for Balochi, Sindi, Mohajir, Pushtun, Baltistan freedom movements inside Pakistan.

    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....



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  • setpit_gc
    08-06 11:36 AM
    Rolling Flood,

    Please go ahead file your law suit. Why are you wasting your time here?.
    Come back and say that it has been filed.





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  • nojoke
    01-03 04:05 PM
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.


    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.

    If you cannot take actions on these terrorists and keep giving reasons for not handing over the terrorists, you don't have any credibility to give us advice. You don't even feel that your country men are responsible and you ask us to modify our behavior. How about going and doing something to change your country first? Meanwhile we will ponder if war is the only option left, because nothing else seems to be working...

    If I cannot convince you to agree to hand over Dawood Ibrahim, how do you think Pakistan government will be convinced even if the evidence is provided against the culprits? There are always reasons to justify your actions. Even if we succeed to convince your government, it will say ' there is no extradition treaty. So let us talk on signing one first. And BTW, the treaty is signed after the Bombay incident, so we cannot extradite people for past crimes. And we cannot prosecute them because they didn't break pakistan law.' That is why I said 'we cannot wake up people pretending to be sleeping'. If you want to be sincere, start taking the first step. Hand over Ibrahim.





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  • suavesandeep
    06-26 03:05 PM
    Would you share what calculator are you using.

    I used one here:
    Mortgage Calculator - Bankrate.com (http://www.bankrate.com/calculators/mortgages/mortgage-calculator.aspx)

    Loan Amount: 600K (Note much less than million dollars)
    Period: 30 years fixed
    Interest Rate: 5% (On the lower side using historical averages)
    Monthly Payment: 3220.93

    Total Interest Paid across 30 years: 559,534.71

    In general the thumb rule is across 30 years you will always pay interest which is approx equal to the principal you signed up for.

    Am i missing something here ?



    Yes its not clear cut but lets replace your X, Y and others with numbers

    Suppose your rent is 1500$ a month

    You pay 540,000 $ in 30 years

    so your point 1 - the interest payment is always going to be less than rent if you look over the 30 year term of mortgage since there is no way to pay 540,000 dollars in interest in 30 years looking at the amortization table unless you are buying a million dollar plus house. ( I assumed 5 % rate of interest )





    Macaca
    12-27 07:15 PM
    In �Daily Show� Role on 9/11 Bill, Echoes of Murrow (http://www.nytimes.com/2010/12/27/business/media/27stewart.html) By BILL CARTER and BRIAN STELTER | New York Times

    Did the bill pledging federal funds for the health care of 9/11 responders become law in the waning hours of the 111th Congress only because a comedian took it up as a personal cause?

    And does that make that comedian, Jon Stewart � despite all his protestations that what he does has nothing to do with journalism � the modern-day equivalent of Edward R. Murrow?

    Certainly many supporters, including New York�s two senators, as well as Mayor Michael R. Bloomberg, played critical roles in turning around what looked like a hopeless situation after a filibuster by Republican senators on Dec. 10 seemed to derail the bill.

    But some of those who stand to benefit from the bill have no doubt about what � and who � turned the momentum around.

    �I don�t even know if there was a deal, to be honest with you, before his show,� said Kenny Specht, the founder of the New York City Firefighter Brotherhood Foundation, who was interviewed by Mr. Stewart on Dec. 16.

    That show was devoted to the bill and the comedian�s effort to right what he called �an outrageous abdication of our responsibility to those who were most heroic on 9/11.�

    Mr. Specht said in an interview, �I�ll forever be indebted to Jon because of what he did.�

    Mr. Bloomberg, a frequent guest on �The Daily Show,� also recognized Mr. Stewart�s role.

    �Success always has a thousand fathers,� the mayor said in an e-mail. �But Jon shining such a big, bright spotlight on Washington�s potentially tragic failure to put aside differences and get this done for America was, without a doubt, one of the biggest factors that led to the final agreement.�

    Though he might prefer a description like �advocacy satire,� what Mr. Stewart engaged in that night � and on earlier occasions when he campaigned openly for passage of the bill � usually goes by the name �advocacy journalism.�

    There have been other instances when an advocate on a television show turned around public policy almost immediately by concerted focus on an issue � but not recently, and in much different circumstances.

    �The two that come instantly to mind are Murrow and Cronkite,� said Robert J. Thompson, a professor of television at Syracuse University.

    Edward R. Murrow turned public opinion against the excesses of Senator Joseph McCarthy in the 1950s. Mr. Thompson noted that Mr. Murrow had an even more direct effect when he reported on the case of Milo Radulovich, an Air Force lieutenant who was stripped of his commission after he was charged with associating with communists. Mr. Murrow�s broadcast resulted in Mr. Radulovich�s reinstatement.

    Walter Cronkite�s editorial about the stalemate in the war in Vietnam after the Tet Offensive in 1968 convinced President Lyndon B. Johnson that he had lost public support and influenced his decision a month later to decline to run for re-election.

    Though the scale of the impact of Mr. Stewart�s telecast on public policy may not measure up to the roles that Mr. Murrow and Mr. Cronkite played, Mr. Thompson said, the comparison is legitimate because the law almost surely would not have moved forward without him. �He so pithily articulated the argument that once it was made, it was really hard to do anything else,� Mr. Thompson said.

    The Dec. 16 show focused on two targets. One was the Republicans who were blocking the bill; Mr. Stewart, in a clear effort to shame them for hypocrisy, accused them of belonging to �the party that turned 9/11 into a catchphrase.� The other was the broadcast networks (one of them being CBS, the former home of Mr. Murrow and Mr. Cronkite), which, he charged, had not reported on the bill for more than two months.

    �Though, to be fair,� Mr. Stewart said, �it�s not every day that Beatles songs come to iTunes.� (Each of the network newscasts had covered the story of the deal between the Beatles and Apple for their music catalog.) Each network subsequently covered the progress of the bill, sometimes citing Mr. Stewart by name. The White House press secretary, Robert Gibbs, credited Mr. Stewart with raising awareness of the Republican blockade.

    Eric Ortner, a former ABC News senior producer who worked as a medic at the World Trade Center site on 9/11, expressed dismay that Mr. Stewart had been virtually alone in expressing outrage early on.

    �In just nine months� time, my skilled colleagues will be jockeying to outdo one another on 10th anniversary coverage� of the attacks, Mr. Ortner wrote in an e-mail. �It�s when the press was needed most, when sunlight truly could disinfect,� he said, that the news networks were not there.

    Brian Williams, the anchor of �NBC Nightly News� and another frequent Stewart guest, did not comment on his network�s news judgment in how it covered the bill, but he did offer a comment about Mr. Stewart�s role.

    �Jon gets to decide the rules governing his own activism and the causes he supports,� Mr. Williams said, �and how often he does it � and his audience gets to decide if they like the serious Jon as much as they do the satirical Jon.�

    Mr. Stewart is usually extremely careful about taking serious positions for which he might be accused of trying to exert influence. He went to great lengths to avoid commenting about the intentions of his Rally to Restore Sanity and/or Fear in Washington in October, and the rally itself emphasized such less-than-impassioned virtues as open-minded debate and moderation.

    In this case, Mr. Stewart, who is on vacation, declined to comment at all on the passage of the bill. He also ordered his staff not to comment or even offer any details on how the show was put together.

    But Mr. Specht, the show guest, described how personally involved Mr. Stewart was in constructing the segment.

    After the news of the Republican filibuster broke, �The Daily Show� contacted John Feal, an advocate for 9/11 victims, who then referred the show producers to Mr. Specht and the other guests.

    Mr. Stewart met with the show�s panel of first responders in advance and briefed them on how the conversation would go. He even decided which seat each of the four men should sit in for the broadcast.

    For Mr. Stewart, the topic of the 9/11 attacks has long been intensely personal. He lives in the TriBeCa area and has noted that in the past, he was able to see the World Trade Center from his apartment. Like other late-night comedians, he returned to the air shaken by the events and found performing comedy difficult for some time.

    But comedy on television, more than journalism on television, may be the most effective outlet for stirring debate and effecting change in public policy, Mr. Thompson of Syracuse said. �Comedy has the potential to have an important role in framing the way we think about civic life,� he said.

    And Mr. Stewart has thrust himself into the middle of that potential, he said.

    �I have to think about how many kids are watching Jon Stewart right now and dreaming of growing up and doing what Jon Stewart does,� Mr. Thompson said. �Just like kids two generations ago watched Murrow or Cronkite and dreamed of doing that. Some of these ambitious appetites and callings that have brought people into journalism in the past may now manifest themselves in these other arenas, like comedy.�





    waitnwatch
    08-06 01:40 PM
    Note that there is a difference between the Immigration and Nationality Act (INA) and the Code of Federal Regulation (CFR) alternatively also called US Code (USC). The CFR is an interpretation of the INA to practically implement the law on the ground. Therefore from what I know a CFR change does not need a change of law by Congress per se. It may need a public comment period but that is about it. So a lawsuit against the BS+5 may have some merit because it is only in the CFR and not the INA.

    I'm not a lawyer and don't claim to be one. So I would like to know if I'm totally wrong.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    If you would like to read about related case, refer to this pdf
    http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf

    ============================================
    Sec. 204.5 Petitions for employment-based immigrants.

    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability.

    (1) Any United States employer may file a petition on Form I-140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

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    ____________________________
    US Permanent Resident since 2002



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