Monday, July 11, 2011

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  • satishku_2000
    05-16 05:12 PM
    Both are problems. The misuse of H-1B visa petitions prevent honest people from obtaining such a visa. That is not right. The issue of the illegal immigrants in this country is an ugly one as well. In my personal opinion, I do not believe any talks of amnesty should affect people with green card petitions pending. People given amnesty should go to the very back of the line and pay a serious fine on top of that.


    In earlier posts you were talking about how people have to leave if they can not get their H1 renewed under new law saying some one who cannot find "real job" should leave.

    What kind of real jobs these undocumented people have , that your beloved Senator loves them so much ? Shouldn't they be deported first according to you law and order folks?





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  • delax
    07-13 01:27 PM
    I like that splitting the overflow across EB2-EB3 idea. That does make it a lot more fair to a lot of people. Its not right that people with 2001 PD still dont have an approval (I have a 2006 PD, but have been here for ~8 years, so I know how frustrating it is to wait so long on temporary status)

    At the outset, I am not against EB3, but lets think about this for a moment. Any logic that we use to break up spillover between EB2 and EB3 can also easily be applied to EB1 and EB2. I'll repeat an earlier post of mine. "How can EB1 of 2008 get the GC immediately when EB2-I (in my case) has to wait for more than 4 years - clearly preference is at play here".

    Any split will artificially retrogress EB2 more than what it otherwise would have. Similarly one can always argue to artificially retrogress EB1 to give more visas to EB2 just because someone from EB2 is waiting for 4 years.
    Isnt that against the law. Any break up of spill over visas invalidates the category preference as per current law.

    Please also note that any unfavorable change to the EB1 category based on a hypothetical approval of an EB2/EB3 break up will invite the attention of Fortune 500 companies and prestigious research/educational institutions (who use EB1 the most) with all their political and financial resources at their disposal. That could put a halt to everything.

    Irrational passion calls for dispassionate rationality.





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  • Macaca
    05-15 06:05 PM
    Why Worry? It�s Good for You (http://www.nytimes.com/2011/05/15/business/economy/15view.html) By ROBERT H. FRANK | New York Times

    THE late Amos Tversky, a Stanford psychologist and a founding father of behavioral economics, used to say, �My colleagues, they study artificial intelligence; me, I study natural stupidity.�

    In recent decades, behavioral economics has been the economics profession�s runaway growth area. Scholars in this field work largely at the intersection of economics and psychology, and much of their attention has focused on systematic biases in people�s judgments and decisions.

    They point out, for example, that people are particularly inept at predicting how changes in their life circumstances will affect their happiness. Even when the changes are huge � positive or negative � most people adapt much more quickly and completely than they expected.

    Such prediction errors, behavioral economists argue, often lead to faulty decisions. A celebrated example describes an assistant professor at a distinguished university who agonizes for years about whether he will be promoted. Ultimately, his department turns him down. As anticipated, he�s abjectly miserable � but only for a few months. The next year, he�s settled in a new position at a less selective university, and by all available measures is as happy as he�s ever been.

    The ostensible lesson is that if this professor had been acquainted with the relevant evidence, he�d have known that it didn�t make sense to fret about his promotion in the first place � that he would have been happier if he hadn�t. But that�s almost surely the wrong lesson, because failing to fret probably would have made him even less likely to get the promotion. And promotions often matter in ways that have little impact on day-to-day levels of happiness.

    Paradoxically, our prediction errors often lead us to choices that are wisest in hindsight. In such cases, evolutionary biology often provides a clearer guide than cognitive psychology for thinking about why people behave as they do.

    According to Charles Darwin, the motivational structures within the human brain were forged by natural selection over millions of years. In his framework, the brain has evolved not to make us happy, but to motivate actions that help push our DNA into the next round. Much of the time, in fact, the brain accomplishes that by making us unhappy. Anxiety, hunger, fatigue, loneliness, thirst, anger and fear spur action to meet the competitive challenges we face.

    As the late economist Tibor Scitovsky said in �The Joyless Economy,� pleasure is an inherently fleeting emotion, one we experience while escaping from emotionally aversive states. In other words, pleasure is the carrot that provokes us to extricate ourselves from such states, but it almost always fades quickly.

    The human brain was formed by relentless competition in the natural world, so it should be no surprise that we adapt quickly to changes in circumstances. Much of life, after all, is graded on the curve. Someone who remained permanently elated about her first promotion, for example, might find it hard to muster the drive to compete for her next one.

    Emotional pain is fleeting, too. Behavioral economists often note that while people who become physically paralyzed experience the expected emotional devastation immediately after their accidents, they generally bounce back surprisingly quickly. Within six months, many have a daily mix of moods similar to their pre-accident experience.

    This finding is often interpreted to mean that becoming physically disabled isn�t as bad as most people imagine it to be. The evidence, however, strongly argues otherwise. Many paraplegics, for instance, say they�d submit to a mobility-restoring operation even if its mortality risk were 50 percent.

    The point is that when misfortune befalls us, it�s not helpful to mope around endlessly. It�s far better, of course, to adapt as quickly as possible and to make the best of the new circumstances. And that�s roughly what a brain forged by the ruthless pressures of natural selection urges us to do.

    All of this brings us back to our decisions about how hard we should work � choices that have important implications for the lives we are able to lead.

    Most people would love to have a job with interesting, capable colleagues, a high level of autonomy and ample opportunities for creative expression. But only a limited number of such jobs are available � and it�s our fretting that can motivate us to get them.

    Within limits, worry about success causes students to study harder to gain admission to better universities. It makes assistant professors work harder to earn tenure. It leads film makers to strive harder to create the perfect scene, and songwriters to dig deeper for the most pleasing melody. In every domain, people who work harder are more likely to succeed professionally, more likely to make a difference.

    THE anxiety we feel about whether we�ll succeed is evolution�s way of motivating us. And the evidence is clear that most of us don�t look back on our efforts with regret, even if our daily mix of emotions ultimately doesn�t change.

    But evolutionary theory also counsels humility about personal good fortune. As Darwin saw clearly, individual and collective interests don�t always coincide. A good job is an inherently relative concept, and while the person who lands one benefits enormously, her lucky break means that some other equally deserving person didn�t get that job.

    When people work harder, income grows. But much of the spending that comes from extra income just raises the bar that defines adequate. So, from society�s perspective, some of the anxiety over who gets what jobs may be excessive after all. But that�s very different from saying that people shouldn�t worry about succeeding.

    Robert H. Frank is an economics professor at the Johnson Graduate School of Management at Cornell University


    Your So-Called Education (http://www.nytimes.com/2011/05/15/opinion/15arum.html) By RICHARD ARUM and JOSIPA ROKSA | New York Times
    Major Delusions (http://www.nytimes.com/2011/05/15/opinion/15Sharot.html) By TALI SHAROT | New York Times
    Personal finance tips for graduates (http://www.washingtonpost.com/business/personal-finance-tips-for-graduates/2011/05/08/AFYfQf3G_story.html) By Michelle Singletary | The Washington Post
    Outlook's Third Annual Spring Cleaning List (http://www.washingtonpost.com/wp-srv/special/opinions/outlook/spring-cleaning-2011/) The Washington Post
    Five myths about internships (http://www.washingtonpost.com/opinions/five-myths-about-interns/2011/05/09/AFbWmT2G_story.html) By Ross Perlin | The Washington Post
    When Fear Stifles Initiative (http://www.nytimes.com/2011/05/15/jobs/15pre.html) By ROBERT W. GOLDFARB | New York Times





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  • stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.



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  • gchopes
    06-24 10:33 PM
    Why are be debating 3 - 4 years rent vs own? As the subject indicates "long" term prospects of buying a home..we of all the ppl should know the meaning of the word "long" based on our "long" wait for PD (which I think should be renamed to retrogress date because I see nothing priority about it)..the point being lets debate 10 years rent vs own..as against 3-4...I think over a 10 year timeline the buyers would come out ahead of the renters..maybe not in CA but in other states that's quite likely..





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  • logiclife
    11-15 10:55 AM
    Today's entire column written by Lou Dobbs is something that our dear Lou is really familiar with.

    No, its not middle class.
    No, its not the illegal immigration or the minimum wage.
    And no, its not outsourcing and corporate greed.

    Its ...tada..LOU DOBBS.

    So today, on CNN.com Lou Dobbs presents : Lou Dobbs. (http://www.cnn.com/2006/US/11/14/Dobbs.Nov15/index.html)


    See, this the first sign a journalist is losing traction and becoming pathetic. He starts talking about himself/herself.

    That's why, like I said before in a previous thread, there is nothing to worry about from this guy, he is really George Costanza of CNN, only less funny and a little more portly.

    -Enjoy-



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  • Macaca
    07-08 09:29 AM
    googled it and found the link..it might be helpful to many folks..

    http://www.ilw.com/seminars/august2002_citation2b.pdf
    This ia an Aug 2001 report. Hope it is current!

    Is it authentic if written by lawyers? Thanks





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  • rsdang
    08-11 04:55 PM
    :D1) Did you fart? Cuz you just blew me away.

    2) Are yer parents retarded? Cuz ya sure are special.


    3) My Love fer you is like diarrhea, I can't hold it in!

    4) Do you have a library card? Cuz I'd like to check you out.


    5) Is there a mirror in yer pants? Cuz I can see myself in em.


    6) If you was a tree and I were a Squirrel, I'd store my nuts in yer hole.


    7) You might not be the best lookin girl here, but beauty's only a light switch away.

    8) Fat Penguin................... Sorry, I just wanted to say something that would break the ice.


    9) I know I'm not no Fred Flintstone, but I bet I can make yer bed-rock.


    10) I can't find my puppy , can you help me find him? I Think he went into this cheap motel room.


    11) Yer eyes are as blue as window cleaner.


    12) If yer gunna regret this in the mornin', we kin sleep Til afternoon.



    13) Yer face reminds me of a wrench, every time I think of it my nuts tighten up

    And.... The best for last!

    14) I may not be Mr. Right, but I'll damn sure hump ya' till he comes along...



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  • rsdang
    08-11 04:56 PM
    One day, in line at the company cafeteria, Joe says to Mike behind him, "My elbow hurts like hell. I guess I'd better see a doctor."

    "Listen, you don't have to spend that kind of money," Mike replies. "There's a diagnostic computer down at Wal-Mart. Just give it a urine sample and the computer will tell you what's wrong and what to do about it. It takes ten seconds and costs ten dollars . A lot cheaper than a doctor."

    So, Joe deposits a urine sample in a small jar and takes it to Wal-Mart.

    He deposits ten dollars, and the computer lights up and asks for the urine sample. He pours the sample into the slot and waits.

    Ten seconds later, the computer ejects a printout:
    "You have tennis elbow. Soak your arm in warm water and avoid heavy activity. It will improve in two weeks. Thank you for shopping @ Wal-Mart." That evening, while thinking how amazing this new technology was, Joe began wondering if the computer could be fooled.

    He mixed some tap water, a stool sample from his dog, urine samples from his wife and daughter, and a sperm sample for good measure.

    Joe hurries back to Wal-Mart, eager to check the results. He deposits ten dollars, pours in his concoction, and awaits the results.

    The computer prints the following:

    1. Your tap water is too hard. Get a water softener. (Aisle 9)
    2. Your dog has ringworm. Bathe him with anti-fungal shampoo. (Aisle 7)
    3. Your daughter has a cocaine habit. Get her into rehab.
    4. Your wife is pregnant. Twins. They aren't yours. Get a lawyer.
    5. If you don't stop playing with yourself, your elbow will never get better!
    :D





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  • jungalee43
    07-28 03:19 PM
    The most likely scenario next year is Republican House and Dem senate with lower seat difference. This is a disaster for any type of immigration. Senate would be only pro-illegal and house against any kind of immigration.
    On top of it the only political agenda would be 2012 Presidential election. So 2011-2012 are No-No years for anything good on immigration.
    On the other hand you can expect several anti-immigration bills passing with more and more venom in each bill as the clock ticks and enforcement drive firing on all cylinders.



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  • prioritydate
    01-10 10:09 AM
    Israel is not invading Gaza for no reason. Why do coward Palestinians need to fire rockets and send those suicide bombers to blow themselves? Muslims need to stop violence in the name of their religion. Why don't you stop killing people, so you would get 72 virgins in some loser world! Israel is doing the right thing and I will support its action. Yes, innocent people get killed, but Hamas need to fight in the open field instead of launching rockets from schools and hospitals.





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  • fide_champ
    03-23 11:21 PM
    it is not just america losing - the person who has bought the house would lose his downpayment / equity too -not to speak of the mighty credit score - am I right ??
    depends on yr situation and your priorities and more important the place where you are planning to buy. is it in florida, mich, Ohio, california or nevada (I guess no - else you would not have asked this question). if you think of a house as investment and you dont want to take a loss - then wait. if you need the space desperately and you are o.k with the prospect of yr house depreciating for couple of years - then go ahead and buy. BTW there was another thread where this was discussed in detail
    http://immigrationvoice.org/forum/showthread.php?t=17986

    I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.



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  • bobzibub
    04-07 11:56 AM
    One part of the idiocy of this bill is that it places more burden upon the institutions where they cannot handle the work they have now.

    If one has to apply for a labour cert every time you want an extension of an H1b, it will become unworkable. The main reasons for extending H1bs is because the DOL and USCIS take so long to process (or are not allowed to process) their existing workload today, including labour certs. This appears to compound an existing problem.

    It is unfortunate that consulting is barred too. Consulting is a good gig. My main goal for going through this silly green card process is simply to consult individually.

    If they actually addressed the problem, such as making the labor cert process simply a web site with a "Submit" button, then it would be an actual improvement. Is it really that difficult to compare a wage rate doing a certain job in a certain location with the market rate? Can't you do that now on Monster or Dice?

    Remember the proportion of applications rejected are dwarfed by the proportion of applications that are simply abandoned. Probably due to the time it takes for them to get around processing them using their super-modern VDT technology.

    Could we please *at least* have an exemption for technical consulting to the DOL and USCIS? They really could use some professional assistance.





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  • Marphad
    12-18 01:22 PM
    I think all this can be summarized as "Live and Let Live". Terrorists and direct and indirect supporters of terrorists don't understand this.

    And what do bible say about people who do not believe in bible. How can the creator who created everything,

    ......

    Christ. I don;t think that every word of Quran is the word of Mohammed. I don't thin that every word of Geeta is the word of Krishna. If there was a way for these great souls to appear before us in this age and talk to people who "appear" to follow them, these great souls will tell their so called "followers" to stop this nonsense in their name.

    .



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  • desi3933
    07-11 10:33 AM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Your last action dictates the status you are in. As the last I-94 has H1 Status, you have 30 days to start working with new employer (or apply for CoS to stay on L1). It is usually a good idea to file H1 without Change of Status if you don't know the start date. In that case you have to re-enter US on that visa to get into that status.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    I would always suggest the real dates on any form. Section 245(k) covers out-of-status issues. Why lie and caught for fraud when we have protection under law.

    If caught for fraud, it can cause some very serious issues. I-485 can be denied just on this basis.


    [COLOR="Red"]
    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??
    ALSO CAN THEY DENY H1B DUE TO PREVIOUS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!
    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??



    1. Re-entry erases out-of-status and puts one in valid status. As per section 245(k), one is required to be instatus (or out of status < 180 days) since last entry into US.
    2. You were out-of-status, not unlawful presence (i.e. staying past due I-94 date). So visa can not denied on the basis of out-of-status.
    3. Not sure about getting visa from Canada. Is it your first time for getting H1 visa stamp?


    ________________________
    Not a legal advice.





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  • ilikekilo
    03-26 07:05 PM
    As far as I know, yes it is...I remember doing H1 myself few years ago and the LCA form has prevailing wage rate section. As we know, the wage rates differ from place to place and so since H1 is based on prevailing wage rate on LCA, then H1 is also location specific. Even though LCA form has been changed since then, I think it still holds true...

    I am sure that per law or whatever when you filed for a h1b for a location A and the petitioner moves to a location B, then I believe you have to file an amendment for ur h1b to that new location...the question is Iam not sure how many people care to do that



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  • StuckInTheMuck
    08-08 04:40 PM
    Two alligators are sitting on the edge of a swamp. The small one turns to the big one and says, "I don't understand how you can be so much bigger than me. We're the same age, we were the same size as kids. I just don't get it."

    "Well," says the big alligator, "What have you been eating?"

    "Immigration attorneys, same as you," replies the small alligator.

    "Hm. Well, where do you catch 'em?"

    "Down at that law firm on the edge of the swamp."

    "Same here. Hm. How do you catch 'em?"

    "Well, I crawl under a BMW and wait for someone to unlock the door. Then I jump out, bite 'em, shake the crap out of 'em, and eat 'em!"

    "Ah!" says the big alligator, "I think I see your problem. See, by the time you get done shakin' the crap out of an immigration lawyer, there's nothin' left but lips and a briefcase."





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  • mariner5555
    04-15 04:18 PM
    I just want to list the difference in your home purchase decision when you have GC vs. you are in H1B/EAD.

    GC - You can splurge a little. Even if you have to move, you are almost certain that you are able to move within the US, or will be able to come back to the US. You will get better interest rates on a mortgage and a higher percentage of financing (upto 97%). You can buy your dream home (this usually means a nice community, big house etc. etc.) Even if the value of your purchase comes down, you can afford to wait for a longer period of time.

    H1/EAD - Think 10 times before purchasing a home. Take a conservative approach. If you think you can really afford a $400,000 house, purchase only a $350,000 house. Prepare to pay around 8% down-payment (some times even 20%) and you may not get the best interest rate. Plan very well for the possibility that you may have to move within the US or even out of the country. And prepare some plans considering that you may have to go out of the US and may not be able to come back. Consider the possibility of renting a town home or a single family home. In this market, you can even find homes by paying a rent which could be some times lower than the mortgage on the home. I agree with what h1tech has said ..and that is good advice. I guess there is enough info on this thread and hopefully people will take right decisions (so I will stop for the time being). btw ..nobody said bigger house is not better if everything else is constant .. maybe people are misreading things.
    and I guess inspite of all these arguments ..people will rush to buy ..which is good too ..as it helps the economy.. ( I guess some like to shoot themselves in the foot ..).
    http://biz.yahoo.com/ap/080415/foreclosure_rates.html
    note - ARMS will reset in may / june (the batch that is referred below) ..which means many of these will foreclose in early 2009.
    -----
    The onslaught of homes facing foreclosures has yet to ebb, a research report showed Tuesday, with bank repossessions skyrocketing last month as more troubled homeowners mailed in their keys and walked away.

    And the worst isn't over: the wave of adjustable-rate loans resetting to higher rates will crest in May and June. And that's expected to push more homeowners into default and foreclosure in the third and fourth quarters of this year, according to RealtyTrac Inc. of Irvine, Calif.

    "Once we're through that batch of loans, the worst will have been worked through the system," said Rick Sharga, RealtyTrac's vice president of marketing.
    He estimates between 750,000 and 1 million bank-owned properties will hit the market this year, or about a quarter of the homes up for sale. In some areas, these properties will continue to slow sales and depress prices further.
    ----------





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  • anilsal
    11-12 11:59 PM
    Now i remember about my Indian friend who passed through the "H1B turned GC holder" route bad mouthing about US h1 policy ( that time there was an attempt to hike the quota by some 20000 and he was deeply upset by that ).

    It is not about your Indian friend alone. There are a large number of people who have got GC/Citizenship via some form of immigration (mostly family) and are bad mouthing H1B holders/quota etc. In addition, since some of them run businesses, guess which party they love. ;)





    delax
    07-14 10:43 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

    Paskal,
    Thanks for your post. But I beg to differ. If calling a spade a spade without any implication built into the language is slander/chest thumping then I stand down. You are free to moderate the forum per the framework laid out.

    However here is some food for thought for the mods and the community at large:

    1. Is IV officially and specifically endorsing this consideration campaign of giving numbers to EB3 based on the letter.
    2. If not, then the implication in the letter is that IV is doing so based on the logo used.
    3. Lets take a step back and think over what the letter/campaign/posts in this thread are asking the USCIS to do.
    4. There is a request to allocate numbers to EB3 based on length of wait.
    5. These numbers can only come from EB1 or EB2 given that the pie is not going to grow pending new legislation.
    6. If we accept that EB2ROW spill over can go only to EB2-Retro and only after EB2-Retro becomes current can they flow to EB3 (ROW/Retro) then the only source of visa numbers for EB3-Retro becomes EB1 spill over.
    7. We are then saying that some EB1 spill over should go to both EB2 retro and EB3 ROW/retro. Even in this case EB3 ROW has to become current, then satisfy EB2-Retro and only then flow down to EB3-Retro.
    8. If this is the case then one of two things can happen. Either the spill over from EB1 is small enough to satisfy EB3 ROW and EB2-Retro partially leaving EB3-Retro still high and dry or the spill over is so large that it makes EB3ROW current, EB2-Retro current and moves EB3-Retro forward. Given the sheer volume of EB2-Retro petitions that is unlikely to happen even if the spill over is large.
    9. This means that the letter is really asking for EB1 spill over to be such that it makes EB3 ROW current and then splits the remainder between EB2-Retro and EB3-Retro - On what basis - I have no clue. We are sub-ordinating EB2-Retro to EB3ROW and considering it on par with EB3-Retro. Think about that for a moment. The law allows you to ignore the country limit. It does not allow you to ignore the category and country limit unless everything is current.
    10. Even worse, if EB3-Retro is not claiming such a large spill over from EB1 then the only way EB3-Retro can move fwd is if EB2-ROW spill over is split with EB3 making the allocation logic even more egregious - all based on length of stay and compassionate grounds.

    If the IT gurus on this forum care to draw a flow chart based on my points above they'll realize the obvious - the only implication in the language of this letter without directly putting any language to that effect is to shaft EB2-Retro and allocate numbers to EB3-Retro.

    I am only stating what is blatantly obvious. Again if this is chest thumping, I stand down - but as I have said before, I will call it as I see it. You are welcome to differ and I look forward to comments from the community – flattering or otherwise. As to the EB2 dates’ moving back, that is a part and parcel of life. Besides they have been stuck at Apr 2004 for more than a year so another year it is. Cheers





    rockstart
    07-15 08:04 AM
    Exactly I am trying to understand what pani_6 wants to really say. If DOL rejected their labor there must be some official reasons given and I am sure it will never be that economy is slow. If that is the case they would have put complete freeze on Eb2 and Eb1 category. I think the letter is factually incorrect and misleading

    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"



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