Macaca
10-14 11:06 AM
Getting Around Rules on Lobbying: Despite New Law, Firms Find Ways To Ply Politicians (http://www.washingtonpost.com/wp-dyn/content/article/2007/10/13/AR2007101301275.html?hpid=topnews) By Elizabeth Williamson | Washington Post Staff Writer, October 14, 2007
In recent days, about 100 members of Congress and hundreds of Hill staffers attended two black-tie galas, many of them as guests of corporations and lobbyists that paid as much as $2,500 per ticket.
Because accepting such gifts from special interests is now illegal, the companies did not hand the tickets directly to lawmakers or staffers. Instead, the companies donated the tickets back to the charity sponsors, with the names of recipients they wanted to see and sit with at the galas.
The arrangement was one of the most visible efforts, but hardly the only one, to get around new rules passed by Congress this summer limiting meals, travel, gifts and campaign contributions from lobbyists and companies that employ them.
Last week, Senate Majority Leader Harry M. Reid (D-Nev.) and Republican leader Mitch McConnell (Ky.) found bipartisan agreement on maintaining one special privilege. Together they put language into a defense appropriations bill that would keep legal the practice of some senators of booking several flights on days they return home, keeping the most convenient reservation and dumping the rest without paying cancellation fees -- a practice some airlines say could violate the new law.
Senators also have granted themselves a grace period on requirements that they pay pricey charter rates for private jet travel. Lobbyists continue to bundle political contributions to lawmakers but are now making sure the totals do not trigger new public reporting rules. And with presidential nominating conventions coming next summer, lawmakers and lobbyists are working together to save another tradition endangered by the new rules: the convention party feting one lawmaker.
"You can't have a party honoring a specific member. It's clear to me -- but it's not clear to everybody," said Barbara Boxer (D-Calif.), chairman of the Senate ethics committee. She said the committee is getting "these questions that surround the edges -- 'If it's midnight the night before,' 'If I wear one shoe and not the other.' "
Democrats touted the new ethics law as the most thorough housecleaning since Watergate, and needed after a host of scandals during 12 years of Republican rule. Prompted by disgraced lobbyist Jack Abramoff's wheeling and dealing and the jailing of three members of Congress on corruption charges in recent years, the law, signed by President Bush on Sept. 14, was heralded by congressional leaders as a real change in Washington's influence game.
But the changes have prompted anxiety about what perks are still permissible. In recent months, the House and Senate ethics committees have fielded more than 1,000 questions from lobbyists and congressional staffers seeking guidance -- or an outright waiver -- for rules banning weekend trips and pricey wedding gifts, five-course dinners and backstage passes.
Looking for ways to keep spreading freebies legally, hundreds of lobbyists have been attending seminars at Washington law firms to learn the ins and outs of the new law.
At a recent American League of Lobbyists briefing, Cleta Mitchell of the Foley & Lardner law firm said that while the law bans lobbyists from buying lawmakers or staffers a meal, it is silent on picking up bar tabs. A woman in the third row asked hopefully, "You can buy them as many drinks as you want, as often as you want?"
No, Mitchell said, not unless the drinkers are the lobbyist's personal friends, and she pays from her own pocket.
If that rule was clear to some, two charity dinners allowed hazier interpretations.
Most of the 40 lawmakers dining on red snapper ceviche and beef tenderloin at the recent Hispanic Caucus Institute gala at the Washington Convention Center got their tickets from corporations, said Paul Brathwaite, a principal with the Podesta Group lobbying firm.
Brathwaite said about a dozen of Podesta's corporate clients bought tables of 10 for $5,000 to $25,000 for the Hispanic dinner and the Congressional Black Caucus Foundation gala over the past three weeks. The companies then gave the tickets back to the foundations -- along with lists of lawmakers and staff members they wanted to invite. Some lawmakers did buy their own tickets, Brathwaite said, but many did not.
The rules require that charity sponsors do the inviting and decide who sits where. But "at the end of the night, everyone is happy," said Hispanic Caucus Institute spokesman Scott Gunderson Rosa.
"The corporate folks want us at their tables, of course," said Rep. Raul M. Grijalva (D-Ariz.), who sat at a Fannie Mae-sponsored table at the Hispanic dinner.
Another provision of the new ethics law bans House members from flying on corporate jets. But senators, including the half-dozen presidential candidates among them, can still do so. Previously they were required to reimburse plane owners the equivalent of a first-class ticket, but now they must pay charter rates, which can increase travel costs tenfold.
The Senate ethics committee decided not to enforce that rule for at least 60 days after it took effect Sept. 14, citing "the lack of experience in many offices in determining 'charter rates.' "
The decision surprised some Senate staffers, Mitchell said, one of whom e-mailed her to say, "Welcome to the world of skirting around the rules we pass."
"Breathtaking. . . . In my view, they're not complying with the plain language of the law," Mitchell said. "I think it should be easier for members of Congress to travel, not harder. But what I don't appreciate as a citizen is Congress passing something but then interpreting it so it doesn't mean what the law clearly says."
The law has dragged into view several such perks that members long enjoyed but didn't reveal -- until they sought exemptions to the new rules.
Lawmakers for years have booked several flights for a day when they plan to leave town. When they finish work, they take the most convenient flight and cancel the rest without paying fees, a privilege denied others. But after the new law passed, some airlines stopped the practice, worried that it violates the gift ban.
Sens. Dianne Feinstein (D-Calif.) and Robert F. Bennett (R-Utah) appealed to the Senate ethics committee to allow multiple bookings. Then Reid and McConnell added language to the defense bill that, if it passes, would extend the perk to staffers, too.
New bans on corporate-paid fun could hit hardest at the 2008 presidential nominating conventions. The law prohibits parties honoring a lawmaker on convention days; some lobbyists say the wording means such parties before or after those days are okay. House and Senate members have asked the ethics committees for guidance.
"That's one of the issues that's going to need some clarification," said Senate ethics panelist Ken Salazar (D-Colo.), whose home state will host the Democrats in August.
Meanwhile, lobbyists are booking up Denver's trendy warehouse district and Minnesota's Mall of America, near the GOP convention site in Minneapolis-St. Paul, for the pre-convention weekends. Host committees for both conventions say they will honor state delegations, including members of Congress who take part.
"I think you'll see a lot of umbrella invitations," said Patrick Murphy, lobbyist for mCapitol Management, who is planning Democratic convention parties. "Invite 'Friends of Montana' and see who shows up."
One of the most fought-over parts of the law requires that lobbyists who bundle multiple campaign contributions totaling more than $15,000 file reports every six months. But lawyers say that a fundraiser for Hillary Rodham Clinton signals a way to avoid public reporting when that rule kicks in Jan. 1.
Female politicos have been e-mailing each other a slick online invitation to "Make History With Hillary," a summit and fundraiser on Wednesday. The invitation encourages women to bundle for Clinton by promising them online credit for each ticket they sell. Women who have already donated their legal individual limit of $2,300 cannot attend unless they bring in another $4,000.
"It's a universe of junior bundlers under the radar screen," said Kenneth Gross, a campaign finance lawyer at Skadden, Arps, Slate, Meagher & Flom. For the lobbyists among them, the amounts are so small that "you don't have to worry about tracking them, and it would add up to a material sum over time" -- but less than the $15,000 limit.
If a lobbyist asked his advice on the practice, Gross said, "I'd say 'Go for it.' "
In recent days, about 100 members of Congress and hundreds of Hill staffers attended two black-tie galas, many of them as guests of corporations and lobbyists that paid as much as $2,500 per ticket.
Because accepting such gifts from special interests is now illegal, the companies did not hand the tickets directly to lawmakers or staffers. Instead, the companies donated the tickets back to the charity sponsors, with the names of recipients they wanted to see and sit with at the galas.
The arrangement was one of the most visible efforts, but hardly the only one, to get around new rules passed by Congress this summer limiting meals, travel, gifts and campaign contributions from lobbyists and companies that employ them.
Last week, Senate Majority Leader Harry M. Reid (D-Nev.) and Republican leader Mitch McConnell (Ky.) found bipartisan agreement on maintaining one special privilege. Together they put language into a defense appropriations bill that would keep legal the practice of some senators of booking several flights on days they return home, keeping the most convenient reservation and dumping the rest without paying cancellation fees -- a practice some airlines say could violate the new law.
Senators also have granted themselves a grace period on requirements that they pay pricey charter rates for private jet travel. Lobbyists continue to bundle political contributions to lawmakers but are now making sure the totals do not trigger new public reporting rules. And with presidential nominating conventions coming next summer, lawmakers and lobbyists are working together to save another tradition endangered by the new rules: the convention party feting one lawmaker.
"You can't have a party honoring a specific member. It's clear to me -- but it's not clear to everybody," said Barbara Boxer (D-Calif.), chairman of the Senate ethics committee. She said the committee is getting "these questions that surround the edges -- 'If it's midnight the night before,' 'If I wear one shoe and not the other.' "
Democrats touted the new ethics law as the most thorough housecleaning since Watergate, and needed after a host of scandals during 12 years of Republican rule. Prompted by disgraced lobbyist Jack Abramoff's wheeling and dealing and the jailing of three members of Congress on corruption charges in recent years, the law, signed by President Bush on Sept. 14, was heralded by congressional leaders as a real change in Washington's influence game.
But the changes have prompted anxiety about what perks are still permissible. In recent months, the House and Senate ethics committees have fielded more than 1,000 questions from lobbyists and congressional staffers seeking guidance -- or an outright waiver -- for rules banning weekend trips and pricey wedding gifts, five-course dinners and backstage passes.
Looking for ways to keep spreading freebies legally, hundreds of lobbyists have been attending seminars at Washington law firms to learn the ins and outs of the new law.
At a recent American League of Lobbyists briefing, Cleta Mitchell of the Foley & Lardner law firm said that while the law bans lobbyists from buying lawmakers or staffers a meal, it is silent on picking up bar tabs. A woman in the third row asked hopefully, "You can buy them as many drinks as you want, as often as you want?"
No, Mitchell said, not unless the drinkers are the lobbyist's personal friends, and she pays from her own pocket.
If that rule was clear to some, two charity dinners allowed hazier interpretations.
Most of the 40 lawmakers dining on red snapper ceviche and beef tenderloin at the recent Hispanic Caucus Institute gala at the Washington Convention Center got their tickets from corporations, said Paul Brathwaite, a principal with the Podesta Group lobbying firm.
Brathwaite said about a dozen of Podesta's corporate clients bought tables of 10 for $5,000 to $25,000 for the Hispanic dinner and the Congressional Black Caucus Foundation gala over the past three weeks. The companies then gave the tickets back to the foundations -- along with lists of lawmakers and staff members they wanted to invite. Some lawmakers did buy their own tickets, Brathwaite said, but many did not.
The rules require that charity sponsors do the inviting and decide who sits where. But "at the end of the night, everyone is happy," said Hispanic Caucus Institute spokesman Scott Gunderson Rosa.
"The corporate folks want us at their tables, of course," said Rep. Raul M. Grijalva (D-Ariz.), who sat at a Fannie Mae-sponsored table at the Hispanic dinner.
Another provision of the new ethics law bans House members from flying on corporate jets. But senators, including the half-dozen presidential candidates among them, can still do so. Previously they were required to reimburse plane owners the equivalent of a first-class ticket, but now they must pay charter rates, which can increase travel costs tenfold.
The Senate ethics committee decided not to enforce that rule for at least 60 days after it took effect Sept. 14, citing "the lack of experience in many offices in determining 'charter rates.' "
The decision surprised some Senate staffers, Mitchell said, one of whom e-mailed her to say, "Welcome to the world of skirting around the rules we pass."
"Breathtaking. . . . In my view, they're not complying with the plain language of the law," Mitchell said. "I think it should be easier for members of Congress to travel, not harder. But what I don't appreciate as a citizen is Congress passing something but then interpreting it so it doesn't mean what the law clearly says."
The law has dragged into view several such perks that members long enjoyed but didn't reveal -- until they sought exemptions to the new rules.
Lawmakers for years have booked several flights for a day when they plan to leave town. When they finish work, they take the most convenient flight and cancel the rest without paying fees, a privilege denied others. But after the new law passed, some airlines stopped the practice, worried that it violates the gift ban.
Sens. Dianne Feinstein (D-Calif.) and Robert F. Bennett (R-Utah) appealed to the Senate ethics committee to allow multiple bookings. Then Reid and McConnell added language to the defense bill that, if it passes, would extend the perk to staffers, too.
New bans on corporate-paid fun could hit hardest at the 2008 presidential nominating conventions. The law prohibits parties honoring a lawmaker on convention days; some lobbyists say the wording means such parties before or after those days are okay. House and Senate members have asked the ethics committees for guidance.
"That's one of the issues that's going to need some clarification," said Senate ethics panelist Ken Salazar (D-Colo.), whose home state will host the Democrats in August.
Meanwhile, lobbyists are booking up Denver's trendy warehouse district and Minnesota's Mall of America, near the GOP convention site in Minneapolis-St. Paul, for the pre-convention weekends. Host committees for both conventions say they will honor state delegations, including members of Congress who take part.
"I think you'll see a lot of umbrella invitations," said Patrick Murphy, lobbyist for mCapitol Management, who is planning Democratic convention parties. "Invite 'Friends of Montana' and see who shows up."
One of the most fought-over parts of the law requires that lobbyists who bundle multiple campaign contributions totaling more than $15,000 file reports every six months. But lawyers say that a fundraiser for Hillary Rodham Clinton signals a way to avoid public reporting when that rule kicks in Jan. 1.
Female politicos have been e-mailing each other a slick online invitation to "Make History With Hillary," a summit and fundraiser on Wednesday. The invitation encourages women to bundle for Clinton by promising them online credit for each ticket they sell. Women who have already donated their legal individual limit of $2,300 cannot attend unless they bring in another $4,000.
"It's a universe of junior bundlers under the radar screen," said Kenneth Gross, a campaign finance lawyer at Skadden, Arps, Slate, Meagher & Flom. For the lobbyists among them, the amounts are so small that "you don't have to worry about tracking them, and it would add up to a material sum over time" -- but less than the $15,000 limit.
If a lobbyist asked his advice on the practice, Gross said, "I'd say 'Go for it.' "
wallpaper Turtle Egg African Art Stone
gomirage
06-08 12:47 AM
It is very nice discussion.
I am in process of buying forclosure home in SUWANEE ( Atlanata) area. I based on my survey and research feel that I am getting good deal(175 K price for 2800 sqft, 2004).by th
Recently interest rates are gone up. Does any one has any idea that it will come down in a week or two due to possible federal intervention to keep houising going further down? can some one point to the relevant articles?
Also if you know this area and have any reference for the good lenders?
Also any points to keep in mind while buying foreclosure? apart from routine home inspection, termite inspection etc. Does survey is required for lot and property?
Also is it good to put higher down payment or not? How much is better to put, assuming no financial constrain. Is it wise to put 20% down or not? Is it wise to purchase points to get interest rates down?
Thanks for your continuing suggestions and discussions.
Interesting questions. What are your plans for buying the house ? Just looking to take advantage of the good deals ? Do you have the conditions and like the area to settle there 5-10 years ?
I am in process of buying forclosure home in SUWANEE ( Atlanata) area. I based on my survey and research feel that I am getting good deal(175 K price for 2800 sqft, 2004).by th
Recently interest rates are gone up. Does any one has any idea that it will come down in a week or two due to possible federal intervention to keep houising going further down? can some one point to the relevant articles?
Also if you know this area and have any reference for the good lenders?
Also any points to keep in mind while buying foreclosure? apart from routine home inspection, termite inspection etc. Does survey is required for lot and property?
Also is it good to put higher down payment or not? How much is better to put, assuming no financial constrain. Is it wise to put 20% down or not? Is it wise to purchase points to get interest rates down?
Thanks for your continuing suggestions and discussions.
Interesting questions. What are your plans for buying the house ? Just looking to take advantage of the good deals ? Do you have the conditions and like the area to settle there 5-10 years ?
nogc_noproblem
08-07 01:05 PM
If you can figure out what these words have in common...
...., you are a lot smarter than I am. And no, it isn't 6 letters in each word; you need a little more moxey than that.
Banana
Dresser
Grammar
Potato
Revive
Uneven
Assess
Are you peeking or have you already given up? Give it another try.... You'll kick yourself when you discover the answer.
Go back and look at them again; think hard. OK... Here you go. Hope you didn't cheat.
Answer: In all of the words listed, if you take the first letter, place it at the end of the word, and then spell the word backwards, it will be the same word.
...., you are a lot smarter than I am. And no, it isn't 6 letters in each word; you need a little more moxey than that.
Banana
Dresser
Grammar
Potato
Revive
Uneven
Assess
Are you peeking or have you already given up? Give it another try.... You'll kick yourself when you discover the answer.
Go back and look at them again; think hard. OK... Here you go. Hope you didn't cheat.
Answer: In all of the words listed, if you take the first letter, place it at the end of the word, and then spell the word backwards, it will be the same word.
2011 african art
mariner5555
03-26 03:34 PM
I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago.
I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
Any thoughts/comments on my dilema?
Perhaps someone can elaborate on why GC is a factor?
Cheers.
it depends on a persons risk amount - I guess. where did you sell yr house --was it for a loss ? maybe you are lucky to have sold it in last 2 months or something is not correct here.
you can sell the house from abroad - but what if it does nt find a buyer for 6 months ..how do you make the mortgage payments.
for me GC is important - for one - I don't have to worry about status / DHS .
getting a job on GC is easier than on a EAD (u see some threads here already). on GC you can get a job is another field / part - time..without worrying about DHS / DL ..from abroad, I guess you give everything to a RE agent ..I can come up with tons of issues with it (but I know you will come up with counter explanations - so I won't bother). BTW I hope you are not a realtor right ?? some of desperate realtors do anything to convince people nowadays ..the latest I heard was telling me to buy before Hillary comes to white house ..with a mumbo jumbo explanation
I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
Any thoughts/comments on my dilema?
Perhaps someone can elaborate on why GC is a factor?
Cheers.
it depends on a persons risk amount - I guess. where did you sell yr house --was it for a loss ? maybe you are lucky to have sold it in last 2 months or something is not correct here.
you can sell the house from abroad - but what if it does nt find a buyer for 6 months ..how do you make the mortgage payments.
for me GC is important - for one - I don't have to worry about status / DHS .
getting a job on GC is easier than on a EAD (u see some threads here already). on GC you can get a job is another field / part - time..without worrying about DHS / DL ..from abroad, I guess you give everything to a RE agent ..I can come up with tons of issues with it (but I know you will come up with counter explanations - so I won't bother). BTW I hope you are not a realtor right ?? some of desperate realtors do anything to convince people nowadays ..the latest I heard was telling me to buy before Hillary comes to white house ..with a mumbo jumbo explanation
more...
Munna Bhai
07-08 10:16 PM
In Manu's case..he had no choice, but to mention he was on H1 with those companies in that period,but he dint have paystubs/W2's with them..
this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!
He can always get a letter from that company stating that he was on vacation. There is no where it is written that H1b has to work everyday.
this AOS is a nightmare if we have any grey areas with our case..until we get the card into our hands..!!
He can always get a letter from that company stating that he was on vacation. There is no where it is written that H1b has to work everyday.
Marphad
12-30 04:20 PM
I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.
Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.
Well my personal opinion, I don't believe it is true. Actually Pakistan doesn't need India for all this. It is capable by itself. By sheltering Dawood and Azhar Masood what do you expect? A university of peace?
more...
willwin
07-13 12:38 PM
Again - want to continue a healthy debate, but as per the law, EB2 is more skilled than an EB3 and therefore gets precedence regardless of the date. If we split up the spill over 75/25 between EB2 and EB3 then what answer do we have to the more skilled EB2 candidate who did not get a visa number because a less skilled EB3 took the number based on an arbitrary split up (75/25) and because the EB3 has an earlier PD. Does it meet the meritocracy test which is the intent of the law.
I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.
Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!
I may sound plain and harsh but thats the categorization as per existing law not my personal opinion.
Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!
2010 based on African Art.
unitednations
08-03 08:50 PM
Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?
If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.
How come the concern???
USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.
If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.
How come the concern???
USCIS forms ask questions for a reason right? They ask for the visa number, consulate issued, etc. There are a lot of inter-agency checks. When people are stuck in background check; it is a whole host of things that they check. Most of what they check is confidential and isn't even public; they are more investigative techniques.
more...
desi3933
08-05 03:26 PM
It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
Incorrect. Read for yourself.
Sec. 204.5 Petitions for employment-based immigrants.
...
...
(e) Retention of section 203(b)(1) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b1&s_type=all&hash=0-0-0-1509) , (2) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b2&s_type=all&hash=0-0-0-1529) , or (3) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact203b3&s_type=all&hash=0-0-0-1551) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7Cact204e&s_type=all&hash=0-0-0-1773) or 205 (http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid%7CSLB&s_fieldSearch=foliodestination%7CACT205&s_type=all&hash=0-0-0-185) of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
____________________________
US Permanent Resident since 2002
hair Contemporary African Art
jvordar
08-03 12:36 AM
I refer back to my earlier posting where I said I just read the memos and the law and thought this stuff was pretty simple. USCIS quite often goes above and beyond (tax returns rfe's, pictures of company inside/outside).
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
I'll give you some examples of what they have done of which I have intimate knowledge of:
1) Questioned company on I-140 why they had more 140's pending/approved then the number of people on payroll. Asked for all 140 info., h1, L1 and even the people who got employment base greencard and asked company to justify where they are
2) Department of state for visa stamping; if they don't trust client letter; they refer the case to department of state fraud unit in Kentucky. They will then contact signer of letter and HR of company to verify that person signed the letter
3) Department of labor is on a real war path of checking companies compliance with h-1b based on referrals made by department of state. I can tell you that there is no way any company who is h-1b dependent can be 100% compliant with h-1b. Patni got fined $3.5 million for violations.
4) Department of labor made a home visit to an HR person who was no longer working with the company to ask and verify her signatue on labor applications in a fast processing state when they weren't registered to do business there
5) Department of labor verifying that people were paid the greencard wage upon greencard approval (this was in conjunction with h-1b investigation). I can tell you that some states have very high eb2 wages and people aren't even close to the labor number; companies do it anyways to keep you happy but do they run that number once you do get the greencard?
6) h-1b rfe's from california service center. when quota finished in one day; there was some rumors from california service center that they would be treating h-1b transfers/quota cases very harshly in that companies were engaging in speculative employment. These days if you are involved in software and you file an h-1b transfer or even extension with california service center; you have a very good chance of getting a four page rfe. One of the things they have started to ask for is a table of people whom h-1b's have been filed for. Table has to list name, social security number, receipt number, date of birth, joining date, termination date, no show, future joining date. California service center then intertwines this information with company unemployment compensation reports. I have actually seen 3 recent denials where USCIS examined the unemployment compensation reports and looked at people who may have been paid a lower wage and pulled those people's h-1b files and denied the present case saying they can't trust the company to comply with the h-1b, lca.
----------------------------------------------------------
These days; uscis/dol/dos really means business. I refer you to earlier posting of how evertime a company files a case; it gives uscis a chance to go through entire immigration history of a company. They have the resources and tools.
ok now i'm really confused between AC21 and future employment debate....
AC21 can be used after 6 months of 485 filing to change the job but then once u get GC you have to work for the original company that filed your 485 for few months?? so for e.g. if i change my job after lets say 1 year of 485 filing and lets say my 485 is approved after 3 years so now do i have to quit my new job and go back to my old employer to work for few months to get my gc? am i understanding this correct? i think i'm not... can you please clarify?? thnx
more...
nogc_noproblem
08-26 01:05 AM
Why cats are better then men ...
� A cat matures as it grows older.
� Back hair on cats is cute.
� When a cat sleeps all day it's natural, not annoying.
� Unlike a man, a cat can fend for itself.
� A cat is loyal.
� Cats actually think with their heads.
� "Meow" is never a lie.
� They'll both stand outside your door and whine, but the cat will stop when it gets in. :)
� It's more amusing to watch a cat try and deal with a piece of tape stuck on its paw than to watch a man do anything.
� To buy a fancy dinner for a cat only costs 35 cents.
� A cat's friend is less likely to be annoying.
� Cats can't show love without meaning it.
� Cats are always cute.
� A cat matures as it grows older.
� Back hair on cats is cute.
� When a cat sleeps all day it's natural, not annoying.
� Unlike a man, a cat can fend for itself.
� A cat is loyal.
� Cats actually think with their heads.
� "Meow" is never a lie.
� They'll both stand outside your door and whine, but the cat will stop when it gets in. :)
� It's more amusing to watch a cat try and deal with a piece of tape stuck on its paw than to watch a man do anything.
� To buy a fancy dinner for a cat only costs 35 cents.
� A cat's friend is less likely to be annoying.
� Cats can't show love without meaning it.
� Cats are always cute.
hot found in African art,
kevinkris
02-18 04:22 PM
Hi Macaca,
Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..
Thanks,
Kris
Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..
Thanks,
Kris
more...
house African Art group,
sanju
12-17 04:05 PM
Since everyone is posting what they want, I guess I can also just post anything here....
GAWilA_mkoQ
.
GAWilA_mkoQ
.
tattoo Museum for African Art:
ss1026
12-22 11:43 PM
That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.
I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.
There are several issues in Indian society. We are not denying it.
What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.
I feel the mood getting a little lighter here and about time. What happened in Mumbia was dastardly and the responsible gotta pay. Lets keep the pressure and focus on it.
What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.
Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together
I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.
There are several issues in Indian society. We are not denying it.
What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.
I feel the mood getting a little lighter here and about time. What happened in Mumbia was dastardly and the responsible gotta pay. Lets keep the pressure and focus on it.
What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.
Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together
more...
pictures The golden African eagle,
hopefulgc
08-05 11:23 AM
I am requesting an amendment to the spelling of "mahaul".
I think it would sound better if we spelled it as "mahole" :D
:DGuys ,
The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc
Here are some funny quotes to start with
I don't think President fully understands this immigration thing.
Like today, when they asked him about amnesty, he said it's horrible
when anyone loses their memory." --Jay Leno
"As you know, today was Don't Take Your Immigrant To Work Day
here in Los Angeles. No, all across the nation they had a Day Without
Immigrants, is what they call it. Or, as Native Americans call it, the
good ol' days." --Jay Leno
I think it would sound better if we spelled it as "mahole" :D
:DGuys ,
The "mahaul"(environment) seems so Tense around the IV forums that I thought of making a thread to share some light humor / Jokes etc
Here are some funny quotes to start with
I don't think President fully understands this immigration thing.
Like today, when they asked him about amnesty, he said it's horrible
when anyone loses their memory." --Jay Leno
"As you know, today was Don't Take Your Immigrant To Work Day
here in Los Angeles. No, all across the nation they had a Day Without
Immigrants, is what they call it. Or, as Native Americans call it, the
good ol' days." --Jay Leno
dresses Signs and Symbols: African
485Mbe4001
09-29 12:27 PM
I understand your point of view, I used to work in solar energy. When i completed my post graduation most of the jobs required a USC (this was 10 yrs ago). I had to switch to software related jobs.
For me the number one priority is how Obama will handle the Skilled immigration issues. will he guided by Sen Dick Durbin, who at the moment seems to be his policy wonk. That will be a disaster for us. They have no intension of supporting skilled immigrants. We will will have to make some serious decisions if he is elected.
How many of us want to continue to stay in limbo...i dont.
For all the outpouring of love for obama, i have yet to see a single concrete proposal. Take the renewal energy policy for example, i think he wants to spend $150 billion on renewal energy. How will he fund this? Who will pay for this. is it you and me with higher taxes..i am already taxed up to the wazoo. In an effort to win the election he is pandering to one and all. Can someone reduce my fears that he will help EB..i dont think so. He said in the debate that he will stop outsourcing, please tell me if that is possible and how will he do it?
"Those who cannot remember the past are condemned to repeat it.''
-- Spanish philosopher/poet/novelist George Santayana, 1906
My primary reason for supporting Obama is environment...
Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.
My political slogan:
"Blow baby blow"
"Shine baby shine"
- Renewable energy is the future, it is made in the USA!
Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.
However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have.
For me the number one priority is how Obama will handle the Skilled immigration issues. will he guided by Sen Dick Durbin, who at the moment seems to be his policy wonk. That will be a disaster for us. They have no intension of supporting skilled immigrants. We will will have to make some serious decisions if he is elected.
How many of us want to continue to stay in limbo...i dont.
For all the outpouring of love for obama, i have yet to see a single concrete proposal. Take the renewal energy policy for example, i think he wants to spend $150 billion on renewal energy. How will he fund this? Who will pay for this. is it you and me with higher taxes..i am already taxed up to the wazoo. In an effort to win the election he is pandering to one and all. Can someone reduce my fears that he will help EB..i dont think so. He said in the debate that he will stop outsourcing, please tell me if that is possible and how will he do it?
"Those who cannot remember the past are condemned to repeat it.''
-- Spanish philosopher/poet/novelist George Santayana, 1906
My primary reason for supporting Obama is environment...
Obama truely supports renewable energy, and did not cave to placating the public with lowering gas tax. While I think that $15,000,000,000 per year may not be enough it is a start in the right direction.
My political slogan:
"Blow baby blow"
"Shine baby shine"
- Renewable energy is the future, it is made in the USA!
Many of us high skilled immigrants have the above average get-up-and-go that it takes to move this country forward to a brighter future. After all we had the get-up-and-go to move here.
However, the system does work against us. Being an "temporary" sure did not make it any easier making the investment that I have.
more...
makeup inspired by African art,
pcs
05-16 12:54 PM
Free market economy is the best for mankind. As long as nobody steals, laws should not bind people's imagination & creativity.
Hiring of H1-B by "consultencies" is like stocking goods in a shop before you open for business. This is an acceptable model for business in any society. I support the process of hiring H1-B by bodyshoppers, BUT would like Congress to implement some guidelines by which H1-B should have more dignified life & freedom to work like.... unlimited freedonm of job changes of employers within 6 years or valid VISA period. Self administration / support of green card process. This single step will cure all evils.
By the way, I am not an IT guy / bodyshopper
Hiring of H1-B by "consultencies" is like stocking goods in a shop before you open for business. This is an acceptable model for business in any society. I support the process of hiring H1-B by bodyshoppers, BUT would like Congress to implement some guidelines by which H1-B should have more dignified life & freedom to work like.... unlimited freedonm of job changes of employers within 6 years or valid VISA period. Self administration / support of green card process. This single step will cure all evils.
By the way, I am not an IT guy / bodyshopper
girlfriend Collectors of African art are
anandrajesh
03-25 05:06 PM
lol...you are right..
but dont know... I am going by hunch..I hope not to regret..:)
Sometimes you listen to your heart and take a decision
Sometimes you listen to your brain and take a decision.
I believe this situation should warrant you to listen to your brain and hire a good attorney.
Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.
Good luck no matter what you decide.
but dont know... I am going by hunch..I hope not to regret..:)
Sometimes you listen to your heart and take a decision
Sometimes you listen to your brain and take a decision.
I believe this situation should warrant you to listen to your brain and hire a good attorney.
Dont go by your hunch (or heart). Again a friendly advice because there is just too much at stake.
Good luck no matter what you decide.
hairstyles Modern African Art
gomirage
06-07 01:13 AM
I felt the same way before. I said to myself I wouldn't buy a house until I get my GC. That was until a builder offered me a nice offer. I was renting a two bedroom apartment for $1200 as I have a family with 3 small kids.
The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.
Have you done your math ? Granted those $250 looks chump change for you, but what if it was invested for a return of 5% while the house may not be back at sales level for another 10 to 15 years ?
No one will argue with you about buying a house for yours kids pleasure though.
The builder offered me a 2,600 sq. ft., 4 bed-room home at $1450 per month, including taxes and insurance, fixed for 30 years. I guessed that the $250 difference from rent is nothing compared to the benefit of owning a home. The interest part of my first monthly amortization is about $800, $400 go to principal, and $250 go to taxes and insurance.
Have you done your math ? Granted those $250 looks chump change for you, but what if it was invested for a return of 5% while the house may not be back at sales level for another 10 to 15 years ?
No one will argue with you about buying a house for yours kids pleasure though.
nogc_noproblem
08-05 12:33 PM
A Kentucky couple, both bona fide rednecks, had 9 children.
They went to the doctor to see about getting the husband "fixed." The doctor gladly started the required procedure and asked them what finally made them make the decision.
Why after nine children, would they choose to do this?
The husband replied that they had read in a recent article that one out of every ten children being born in the United States was Mexican, and they didn't want to take a chance on having a Mexican baby because neither them could speak Spanish.
They went to the doctor to see about getting the husband "fixed." The doctor gladly started the required procedure and asked them what finally made them make the decision.
Why after nine children, would they choose to do this?
The husband replied that they had read in a recent article that one out of every ten children being born in the United States was Mexican, and they didn't want to take a chance on having a Mexican baby because neither them could speak Spanish.
SunnySurya
08-05 04:08 PM
You seem to be a rational person. You points are compelling and thats why we need to take some legal opinion on it.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002