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  • unitednations
    03-26 04:45 PM
    UN - As you are also a beneficiary of AC21 - what is your take on wrongful denials of 485 for AC21 cases that need to be resolved by MTR? Is it a training issue?

    The issues of straight 485 denials have been going on for some time. It is a training issue/money making issue (ie., motion to roepen fees).

    Recently; I haven't seen USCIS denying 485's based on company revoking 140; they are sending request for evidence.

    Every person 485 that was denied inappropriately who was eligible for ac21 all eventually had their cases reopened. Problem is if you are outside the country when it happens and you have to use AP to come back in or are renewing your ead or in process of renewing EAD then that is when things become tricky and the anxiety starts.

    Once again; every person I know had their cases reopened; they just had some bumps on the road waiting for it to be reopened.





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  • validIV
    06-05 02:01 PM
    This is your justification for renting? Your 1300 goes to that owners mortgage. You are paying so that he can own the property you live in. I would not be surprised if he has multiple condos renting to others like you.

    Since you cite an example, let me cite one of mine.

    Co-op bought in 2004, Queens NY 2 bedroom: $155,000
    Rented now for $1,350 / month (Wife and I live in another home we also own also in queens)
    Appraised value (Feb 2009) $195,000, Peak market value (my opinion) ~230,000 in 2006 but it seems to be worth more now which is clueless to me.
    Outstanding balance: 60,000
    Current mortgage (15y fixed@4.25): 452 / month (+525 maintenance)
    Monthly cost total: ~1,000
    Comps in area: See for yourself: http://newyork.craigslist.org/search/rea?query=kew+gardens+co-op&minAsk=min&maxAsk=max&bedrooms=2

    Lets say that person is you renting it. You are paying to stay in my unit, pay my mortgage, pay my monthly, allow me to build equity which i just used to buy another property (thank you) and using standard deductions, allowing me to have a healthy tax return from interest paid based on your money. I dont even need to do any math here to prove I am making money from your rent because believe me I am.

    Renters will never understand why owning a home is better than renting as thus they will continue to make arguments to continue doing so. And I'm sure that giving 1 example or 100 examples will not change your mind in the slightest. Which is why you will always be paying owners like me for a roof to live under.

    I doubt it is as clear cut as you make it to be. Rent vs. buy has two components in each option - the monthly cost and the long term saving/investment. Let me take the example of the apartment I live in. It would cost about 360k (I am not considering the closing cost, the cost to buy new appliances and so on when you move in etc) if we were to buy it as a condo in the market. We rent it for $1300.

    Buy:
    Monthly Cost:
    Interest (very simplistic calculation): 5% on 180k on average over 30 years. i.e. $750 per month. After Tax deduction cost ~$700 (you lose on standard deduction if you take property tax deduction - so effective saving is wayyy lower than the marginal tax rate).

    Property Tax: $400 per month.

    Maintenance/depreciation of appliances: assume $200 per month (easily could be more).
    Total: 1300.
    Long term investment: $360k at 3% per annum (long term housing price increase trend).
    You pay for this saving with leverage and $1000 amortization every month for the loan principal.

    Loss of flexibility/Risk : Not sure how to quantify.

    Rent:
    Monthly cost = $1300.
    Long Term Saving (assuming you put the same $1000 every month in a normal high yeild savings account - a Reward Checking maybe) - you will get a risk free 5%.

    So in this case you are paying the same monthly cost for house purchase vs rent. but you are losing out on the additional 2% per month in investment return.

    Plus - buying gets you into a lot riskier position.

    I have seen the proponents of buying fails to take a couple of factors into account:
    1. Real Estate, historically, is not a good investment. It is even worse than the best savings accounts available. And you could easily save your monthly amortization in better savings vehicles.
    2. Tax deduction from interest means you lose on standard deduction. In the above example - a family of 3 with 1 earner will have NO saving from housing tax deduction. They would be better off using the standard deduction. If there are 2 earners - they could try to work around this by filing separately and one taking deduction for housing interest and the other taking the standard deduction. But even that will probably not save you any money since many other tax rates are stacked up against single filers.





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  • Macaca
    12-30 04:19 PM
    But today, as the year ends, the netroots activists who adored Reid at the start of the new Congress have begun turning on him, musing out loud about encouraging senators to oust him as leader. They complained that Reid's Senate caved - allowing continued tax breaks for oil companies, approving a new attorney general who wouldn't call waterboarding torture, breaking the pay-as-you go promise by approving a tax break without a tax hike on the rich.

    Some liberal lawmakers believe the way to accomplish their goals is for Reid to put even more pressure on Republicans to break. Democratic Rep. Barney Frank of Massachusetts, chairman of the House Financial Services Committee, said Reid should do more to "highlight who's obstructing."

    "The one issue people have with Harry Reid, he's not embarrassing enough people," Frank said.

    Jennifer Duffy, who analyzes Senate politics for The Cook Political Report, a nonpartisan firm in Washington, said the problem for Democrats isn't that they haven't delivered much more than the Republicans.

    "It's that voters don't see a difference," Duffy said. "Voters are coming to the conclusion the parties are the same - not philosophically the same, but they conduct themselves in the same way."

    Trying to end a war

    Six weeks into the new Congress, as the promises of comity began to fade, Reid pulled a dramatic maneuver: He kept the Senate in session over Presidents Day weekend for a Saturday vote on Iraq.

    Nine Republicans failed to show up, including Nevada's John Ensign, who was back home playing golf with his son. The Republican whip, Sen. Trent Lott of Mississippi, praised the absences, saying the senators were right to gum up a vote that his side saw as a stunt.

    The measure opposing Bush's troop surge failed to get 60 votes needed to advance. But it helped set the stage for a poisoned atmosphere that would dominate the Iraq debate for the year.

    The Senate conducted 34 votes on Iraq. Only once did a measure to bring troops home succeed. Bush vetoed it.

    Critics say Reid spent too much time on Iraq, that it became personal. He called it "Bush's war" and "the worst foreign policy blunder in the history of our country."

    By spring, as it became clear he could not find enough votes to override the president on Iraq votes, he embraced the party's left wing by putting his name on a bill to cut off troop funds.

    Vote after vote only hardened Republicans' resolve.

    Anti-war activists grew furious with Reid. All the while, the clock ticked down and other business went undone.

    "If you're going to criticize him, you can criticize him for allocating so much floor time to the debate when it was pretty clear it wasn't going to accomplish anything," Mann said. "And you can criticize him for his emotional investment."

    Could Reid really have stopped trying? Opinion polls show that more than two-thirds of Americans continue to oppose the war.

    The real question is whether Reid missed an opportunity to broker middle ground. As Republicans started speaking out against Bush's war policy in the summer months, Reid failed to entertain a more moderate bill - one without a withdrawal deadline - that could have peeled Republicans away from Bush.

    Republican Sen. Susan Collins of Maine, who faces a tough reelection in 2008, said she finds it "frustrating that those of us who were trying to find a bipartisan path forward on Iraq were unable to get votes on our proposals. I think there was an opportunity to change the course in Iraq, and to send a strong message to the president about the future direction, but that opportunity was lost."

    Julian Zelizer, a professor of history and public affairs at Princeton University who has written extensively on Congress, said leaders are judged by the choices they make. In his view, Reid made a mistake.

    "The criticism the Democrats have been facing is they weren't aggressive enough," Zelizer said. "I think the bigger failure was that he didn't get something more moderate through. I think it would have been a blow to the administration."

    By fall the mood in Congress shifted as news from Iraq improved. The moment had passed. Before Congress left for the holidays, lawmakers approved another war funding bill, with no strings attached.

    "Great leaders realize there are just moments, windows of opportunity," Zelizer said, "and I think he missed."

    Reid remains optimistic about his chances for securing Republican support in 2008. "We're going to continue putting the pedal to the metal," he said at his year-end news conference.

    But the Democrats and Reid are clearly trying to find their way under the new terms of the Iraq debate.

    Endgame

    The Senate chaplain, a retired Navy rear admiral, opens each day's business with a prayer. On the last Monday of the session, he called on God to remind the senators "that ultimately they will be judged by their productivity."

    The Senate had become gridlocked. Reid had threatened to do cartwheels down the aisle if it would help shake things loose.

    Democrats had accomplished plenty this year - raising the minimum wage for the first time in a decade, adopting the most sweeping ethics laws since Watergate, crafting the greatest college loan assistance program since the GI bill, increasing automotive fuel efficiency standards for the first time in 30 years and providing unprecedented oversight of the Bush administration, leading to the resignation of the beleaguered attorney general.

    Congress worked more days than in any session in years.

    But all that seemed overshadowed by what it couldn't do. Stop the war. Provide health care for working-class kids. Address global warming by rolling back oil companies' tax breaks. Start a renewable energy requirement. End the torture of war prisoners.

    Even passing the budget to keep the government running seemed dicey.

    "It's been a really lousy year," said Norman J. Ornstein, a scholar at the American Enterprise Institute.

    In this hyper-partisan environment, where Reid liked to say Republicans were conducting "filibusters on steroids," could another kind of majority leader have achieved better results?

    Republican Sen. Chuck Grassley of Iowa, who was among those leading efforts to provide children's health insurance, said if not for Reid, the State Children's Health Care bill known as SCHIP wouldn't have progressed as far as it did.

    Dozens of Republicans crossed party lines to back the bill, which polls show was supported by 70 percent of Americans. Children's health care would have been paid for by increasing the tax on cigarettes. Bush vetoed the bill twice.

    Democratic Sen. Patrick Leahy, chairman of the Judiciary Committee, said even if "God himself" were in the majority leader's job, it would not have been a match for Republican obstructionism. Mann sums up Reid this way: "Were Tom Daschle and George Mitchell sort of smoother, were they more effective with the Washington press? You betcha. Could they make a more compelling, favorable case? Yes. Would either of them operating in this environment have a much more productive record? No."

    By the office fireplace again

    People say running the Senate is like herding cats, with 100 Type-A personalities going in every direction. But watching the Senate feels more like being at a baseball game - so much drama happens between the big home runs and base hits, even when it looks like nothing is going on at all.

    The fire continues to burn strongly in Reid's office as snow covers the Capitol grounds. The workday is coming to a close. The Senate adjourns earlier than usual, without having taken a single roll-call vote. Christmas is almost here, and countless bills still needed to pass.

    Reid is not one for regrets, or for comparing himself to those who held the office before his arrival.

    "I can't be an Everett Dirksen, I don't have his long white hair, I don't have his voice. I can't be Mike Mansfield, I don't smoke a pipe," he says. "I just have to be who I am."

    Reid's home state has benefited substantially from his rise to the majority leader's job, as Nevada has enjoyed financial and political gains from being home to arguably the nation's top elected Democrat.

    But on the national stage Reid sees little more he can do when faced with Senate Republicans willing to stand beside Bush, even as they're "being marched over a cliff" for the next election.

    He recalls his first alone time with Bush, years ago. "He was so nice, 'I'll work with you, try to get along with Democrats.' That's Orwellian talk. Because everything he said to me personally was just the opposite ... This is not Harry Reid talking, this is history.

    "I try to be pleasant, he tries to be pleasant," Reid continued, "but there's an underlying tension there because he knows how I feel, that he's let down the American people by being a divider, not a uniter."

    He holds no hard feelings against Pelosi for setting an ambitious agenda. "Next year she will better understand the Senate than she did this year."

    In 2008 he has two legislative goals: "I would like to get us out of Iraq," he said. "I'd like to establish something to give Americans, Nevadans, the ability to go to a doctor when they're sick."

    And one day, when this job is done, "I wouldn't mind being manager of a baseball team."





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  • nojoke
    04-17 04:13 PM
    http://dqnews.com/News/California/Bay-Area/RRBay080417.aspx

    It is down by 100K compared to last year. Just like I said, every year it is going to be 100K down for 2 more years.:D



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  • transpass
    03-26 07:30 PM
    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.

    But in the Baltimore case, AAO was questioning that the beneficiary never resided in the state his H1 was petitioned for...But I wonder, shouldn't that be allowed as long as the place of work remains the same...I mean, let's say, if I work work in NY and live in NY, then as per AAO, it's fine. What if I work in NY (same location) and live in NJ, then it's not ok as per AAO? What if I can commute even longer distances dailiy, like living in Philly and commuting to DC, etc.? May be that's the reason why AAO directed the local office to give the petitioner a chance to provide any such evidence?





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  • H1B-GC
    02-23 10:35 AM
    As the Article says,Lou Dobb defends Legal Immigration in an Interview with Newsweek which is total Crap . He Attacked H1B Program on his Daily Show and the Guest was no Doubt Kim Berry to give his Input. These things make everyone laugh at Lou Dobbs , the Lofer.



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  • Raju
    05-24 03:32 PM
    Raju, the unemployment is at 4.7%. That is good, but how about earning power and wage increases ? I hear all the time my friends report that they can no longer afford goods and services as they did five or four years ago. There are plenty of evidence that in many sectors wages have dropped or have stagnated. Is that indication of surplus pr shortage of workers ?

    Regarding his idea of sending 15 millions of illegals out, that is not absurd. He never told he wanted to do it overnight. A gradual, slow deportation program yes, it would be probably the best way to handle this.

    I am sorry if I look negative to you guys, but my goal is to be sincere and honest about facts here.

    I think that wages have gone up drastically during the dotcom bubble and you should expect them to flatten for a few years. Also, the economy is coming out from a bust and that accounts to a little stagnation. It is simple man, the world also has to catch up. If you get the same job done for much less in coutries like China, India, Russia and romania, why do you think the wages will go up, unless there is a new technology, that absolutely needs cutting edge skills. This is the way it has been in ht past, this is the way it is in present and will be this way in future. The services and goods you are talking about will become more expensive if you want to send the undocumented workers out. And the wages may not go up that much because companies can get stuff done in other parts of the world. A reporter should talk about two sides of the issue and I have never seen Lou do that. I do not have the time/interest to find the transcripts but he had been offensive about H1s and I heard him say that H1's do not pay taxes, which is a blunder.





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  • Rolling_Flood
    08-05 09:00 AM
    Show me where it says in the law that a "person's eligibility decides EB1/2/3"?
    Your job demands an EB3 and no higher, thus your company filed an EB3.

    If you think you should be EB2 instead, then find another job or another company. What do you not understand?

    And please refrain from using foul language, this is my first, and final, request to you, sir.

    I am not anti-immigrant, just anti-porting and anti-interfiling.

    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?



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  • desi3933
    08-05 03:33 PM
    ....

    I am glad you took your post after I placed details about the law.





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  • nojoke
    04-14 04:33 PM
    Comparing buying playstation3 and chocolates with buying a house is nojoke. The argument of buying playstation3 and chocolates is no argument.

    You ddin't get my point. 7 year old kid gives more importance to these than a house. I am not saying playstation3 is equal to housing.:(

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



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  • smisachu
    12-31 11:10 AM
    Just putting LOL doesn't make it a joke..As I said India has bitten off flesh from Pakistan 4 TIMES!!! What do you have to show for your bite???

    What does Pakistan has to show anyways? Foreign reserves? An educated population? Science & Technology? Rich people? Modernism? Industrial conglomerates? Military might?
    All you have my simple minded poor fellow is madrasas, bearded mullas, slums and Jihadi terrorists with no balls. There is a Pakistani tank which stands in my city with its head bowed in shame and saluting the Indian populace. It was one of the many that were captured in the 71 war by only 4 Indian officers on just a Jeep..Now do you have any Indian tanks to show off at least? Forget tanks do you have underwear that you have captured from India? Now who is the joke on??
    And thanks for comparing me to a Dog, at least I am faithful and brave. Any day better than a Paki Pig.

    And sorry to the tender minded IVians for using such harsh words, I assure you all I am not a maniac who has flipped his lid..I am a normal "gun totting- motorcycling red neck" as a friend once described me. I am just enraged by the massacre in Mumbai.


    Dogs like u bark but dont bite...nice entertainment...which is exactly my point by the way(India is making a joke of itself thus entertaining the rest of the world)...LOL :D





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  • Macaca
    08-08 09:19 PM
    A Shameless Congress Applauds `Ethics' Law (http://bloomberg.com/apps/news?pid=20601039&refer=columnist_carlson&sid=aSwNPAuJbnbU) By Margaret Carlson (mcarlson3@bloomberg.net), August 8, 2007

    To much fanfare and self-congratulation, the U.S. Congress passed ethics legislation last week supposedly making the members subject to the same standards of behavior the rest of us live by.

    At almost the same time, a federal court handed down a decision involving a congressman whose office was raided by the FBI last year as part of a bribery case that included the earlier discovery of $90,000 he stashed in his home freezer. The ruling reminds us how much more Washington is like Vegas than Peoria. Under the Constitution, a congressman can protect his legislative files from being searched. In other words, what happens in your Capitol Hill office stays in your Capitol Hill office.

    The ruling came in the matter of Representative William Jefferson, a Louisiana Democrat indicted for bribery in June. Jefferson allegedly got the $90,000 from a telecommunications entrepreneur who enlisted his help in getting approval from a Nigerian official to do business in that country.

    The court didn't buy that the Justice Department did everything it could during the search to shield privileged documents, short of letting Jefferson conduct his own raid. A ``filter team'' removed any material that smacked of Jefferson's legislative duties. The court found the effort insufficient ``to protect the privilege'' of the legislative branch to be free from intrusions by the executive branch.

    Shielding Lawbreakers

    This means that under the principle of shielding lawmakers, lawbreakers may be shielded from legitimate law enforcement. Jefferson's lawyer Robert Trout was thrilled, saying the decision shows that every member of Congress has an ``absolute right to review his records first and shield legislative material from review.'' Federal agents get to see what's left.

    Jefferson must be kicking himself. Why didn't he think to take the loot out of the freezer in his home and disperse it among the files labeled ``congressional bills'' at his office?

    Consider the possibilities. Yes, it would have been hard for former Representative Randy ``Duke'' Cunningham, now in prison, to keep his Louis XIV commode hidden in his office. But he could have easily stuffed any records about goodies provided by his defense contractor pals, such as the lease for his yacht ``Duke-Stir,'' into a file drawer labeled ``Hearings.''

    Like the Jefferson affair, the case of Senator Ted Stevens of Alaska could give a whole new meaning to the phrase Capitol Hideaway. Stevens's house in Alaska was raided last week by the FBI and Internal Revenue Service as part of a broad corruption probe. Stevens has multiple ties to businessman Bill Allen, who, since pleading guilty to bribery in May, is said to be singing like an Arctic loon.

    If Only He'd Known

    With the court's ruling, Stevens could have shipped anything he didn't want to be discovered to the Hart Senate Office Building for safekeeping.

    Stevens and Jefferson are just two of at least a dozen members of Congress under investigation, which puts increasing pressure on the lawmakers to do something about corruption. That something, unfortunately, has loopholes large enough for a Gulfstream V to fly through.

    The ethics legislation allows members to do all kinds of things -- as long as they disclose them. Want to have a fat cat contributor? Just make sure he discloses that he's bundling donations from friends, clients and employees.

    Don't want to give up earmarks? You can still shoehorn an appropriation for millions of dollars onto an unrelated piece of legislation as long as you put your name on it.

    `Bridge to Nowhere'

    The law would have done nothing to stop Stevens from getting his ``Bridge to Nowhere,'' a quarter-mile span connecting an Alaskan town to an island of 50 people, a couple of years ago.

    Gifts and free travel are banned, unless they are part of campaigning. In other words, Congressman A can't have a rare rib-eye, creamed spinach and a bottle of Merlot with Businessman B at the Palm unless it's in conjunction with fundraising. In the case of congressional ethics, two wrongs do make a right.

    The reason disclosure no longer works as a deterrent is that shame no longer works. As the ethics legislation was rolling to passage, Stevens, at a private luncheon with Republican colleagues, threatened to hold the whole thing up if the ban on traveling on corporate aircraft wasn't removed. He will still be able to fly Air Lobbyist. He'll just have to pay for it at commercial charter rates.

    In wanting to keep his perks, Stevens may be the most outspoken member, but he's, by no means, alone. ``Ethics'' is the one area in Congress where there is heartwarming bipartisanship.

    `Culture of Corruption'

    Former Republican Speaker Newt Gingrich and Democrat Thomas Foley filed legal briefs in support of Jefferson. When the court said the search was unlawful, Speaker Nancy Pelosi applauded. Earlier, Pelosi, who once pledged to end the Republican ``culture of corruption,'' took away Jefferson's coveted seat on the House Ways and Means Committee after the FBI raid on his office only to try to award him a coveted seat on the homeland security panel.

    Some legislation is worse than no legislation. Senator John McCain, showing again why he'll never be president, said the ethics bill will delude voters into thinking things have been fixed when they haven't.

    ``This will continue the earmarking and pork barrel projects,'' the Arizona Republican said. ``Again, the American people will have been deceived.''

    Most of the other members are chest-thumping as if they've really done something. The public would be better off if Congress had to live by the laws that apply to everyone else, criminal and civil, and at least a few of the Ten Commandments. I'd start with thou shalt not steal -- and work from there.



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  • DallasBlue
    07-08 12:00 AM
    I guess a good CPA can be lot of help as well. if your husband doesnt have paystubbs and w2 company/CPA's can actually go back and correct them for mistakes/miscalculations.





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  • senthil1
    04-08 07:34 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.


    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.



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  • diptam
    08-05 08:53 AM
    As i said earlier you have Zero understanding of these things and that's why you came to waste peoples time. You could be an anti-immigrant as well.

    "GC is for future Job and one single person could be eligible for EB3 / EB2 / EB1 any kind of jobs - its the person's ELIGIBILITY which matters " - understand dumbo ?

    What do you mean "i am eligible for EB2"?????

    A JOB is what decides EB1/2/3, not your imagined eligibility !!

    If the job that you do requires no more than an EB3, then how are you saying your employer did something wrong? Why should you get to port to EB2 based on your "imagined eligibility for EB2"? Please explain that to me.

    Remember, the JOB REQUIREMENTS should be there, it does not matter if you are a PhD from MIT...........





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  • sc3
    07-14 04:23 PM
    I hope not. We dont seem to be open to another point of view. All of a sudden when the shoe is now on the other foot there is a lot of heart burn. Look up the March 2008 visa bulletin.

    EB2 ROW was Current
    EB3 ROW was Jan 1, 2005
    and EB2-India was a big U

    Effectively EB3ROW got preference over EB2-I which was a mistake to negate the category preference. This has been corrected now and I welcome the change.
    Where was all this heart burn at that time. All of a sudden when EB2-I moves ahead I hear voices of 'injustice', fair play and demands for visa number handovers. Sorry aint gonna happen.


    The reason for this was not because of EB3ROW getting preference, it was because USCIS illegally used up entire year's quota before the congress actually authorized them to. Stop making false claims about EB3ROW getting preference over Eb2-I



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  • Blessing&Lifeisbeautiful
    08-08 05:48 PM
    Actually; I didn't think it was courageous at all. I had to practice what I preach.

    One of the reasons they ask for tax returns, w2's is they want to assess your intentions; if tax returns, etc. , is out of line with offered wage then it can make them think that it is not believable you will be doing that job once greencard gets approved.

    Once 485 is filed; you are in a period of authorized stay. At that point; you can sit around and do nothing; switch jobs, etc.; However; to keep working you need to have authorization (ie., EAD card if you don't hold H-1b).

    I didn't prepare my personal tax returns on purpose because uscis could have assessed my intentions differently. When I asked him why he wanted to see the tax returns for 2005 and 2006; even though I have unrestricted employment and I can do nothing if I please; he responded it was to assess intention. Since he saw I was self employed; if my tax returns were out of line with the offered job I was going to take upon greencard approval then they may not believe it.

    Now; I didn't give him any financial data for 2005 and 2006. Although this is legal; if I was going to port to self employment then he could have assessed whether I was going to become a public charge or how I was living in 2005 and 2006. I had all my financial documents (ie., bank balances, brokerage account); just in case he went down this road.

    he didn't but just in case he wanted to; I was ready for it.

    bump





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  • RDB
    03-24 03:40 PM
    And because of the huge population (of Indians), that 20% looks like a huge number!

    Isnt that true? If you are in the IT industry for the past 10 years you know it is true.
    We, Indians are the ones who has mastered the art of circumventing the H1B process and screwing up the job market. Fake Resumes, Fake References, not working in the state where you are approved, somebody appearing in the phone interview and somebody else showing up in the Face to Face interview and what not.

    I am not tainting the whole community here, and i am one of you. I agree that atleast 80% of us are Genuine, hardworking candidates. There are few chosen individuals(rest 20%) who did unethical & immoral things for their own good and we are the ones who are paying the price for this whole mess. You can chose to deny this fact and live in a world of denial.





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  • sroyc
    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?





    pns27
    07-14 02:22 AM
    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.

    Hi kutra,

    Good post I can understand what you want to do here, you are diffusing the tensions between EB2 and EB3. I hope many more people write posts like you and I appreciate it. But factually what you said is not correct "The US immigration system wants EB1 first, then EB2 and then EB3".

    What I am posting here I sent the same in private messages to some other members and it helped to diffuse this bad arguments between EB3 and EB2 folks.. I am posting here because I thought with this I can give the right(my?) perspective on this and bring some �sanity� to these arguments.

    Here is my take on this EB1, EB2 and EB3.

    Out of the total 140K each EB group gets equal quota of 33.33%. So if each EB group gets equal quota of 33.33%, then what and where is the priority? EB1, EB2 and EB3 are just groups, it just means that US need these categories of jobs to be filled by immigrant workers.

    By definition always number applications filed in EB3>EB2>EB1 there is no argument there. And the waiting time also will be EB3>EB2>EB1. That is fair, there is no competition here across groups, each have a quota and its own queue, every one competes with in the group.

    If first, all(9K Ind)(140K Total) Visas are given to E1 and any leftover are given to EB2 and then any leftover from EB2 are given to EB3 then you can say the priority is EB1>EB2>EB3. The spillover that to from a particular preference has priority I understand. But at the least every group will get its 33.33% if those many category applications are present in that group.

    Yes, unused ROW EB1 go EB2 and then to EB3. Yes unused ROW EB2 and ROW EB3 and to EB3. That makes sense and it dos not contradict what I am saying. Now EB2 is special case that there are lots of EB2 India applications are pending so they get only the spillover from EB1.


    I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
    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.





    CreatedToday
    01-06 04:31 PM
    If this senior Hamas leader could send his son as a suicide bomber to kill innocent civilians in Israel, what stops him from using others' kids as shield?
    :confused:
    http://www.timesonline.co.uk/tol/news/world/middle_east/article5429904.ece

    If its true, why media is not showing how Hamas is hiding behind schools and mosques? Its a big lie and this is what they say in order to justify the killing. Also what rockets you are talking about? Those 7000 rockets that killed 4 people? I agree Hamas must stop their mindless and useless rocket attack.



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