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  • pappu
    04-07 05:35 AM

    There is going to be no difference whether you

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.


    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    So take this seriously and do not underestimate this.

    And if you work perm-fulltime it will indirectly affect you. Projects are not done in isolation. Most projects have a mix of full-time employees and consultants who are sourced from vendors and H1B recruitors. Projects falter and fail when abruptly some consultants go back to their home countries because their H1s couldnt get extended. And that affects everyone. Job security depends on success of IT or other projects and if you are a part of failed project that was lost half way due to lack of skilled employees, then your job security also diminishes. If you are laid off, then the H1 transfer to a new company would be subject to the new rules under this law.

    Infact, this affects everyone.

    Students looking for new H1B
    Students on OPT
    H1Bs getting extensions
    H4s transferring to H1Bs

    and all H1Bs indirectly and directly

    Because now ALL employers will be hesitant to hire an H1B in ANY field due to such tough laws and lot of paperwork and lot of restrictions.

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  • desi3933
    07-12 10:34 AM
    No one??

    Did you talk to your attorney? What is his/her take on this.

    Not a legal advice.

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  • pani_6
    07-13 08:52 PM
    Dont worry about negative opinions of people..I urge EB3-I to post the letter first and then get into discussions..

    Action & Urgency!

    Come' on EB3-I

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  • GC_Geek
    08-02 10:26 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.


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  • NKR
    04-14 11:39 AM
    Most of the posts here are not relevant to the original topic of the thread � buying a home when 485 is pending.

    You basically buy a home not to sell it off, but to live in it. Circumstances may lead one to sell a home, but no one can predict if that will happen for sure or when it may happen.

    For selling a home � just like stocks � it does not matter if the real estate market is doing well today or not. It only matters how the seller market is when it is time to sell. And again, no one can predict that in advance. Given this simple logic, it is totally useless to speculate resale values of homes which you may never even sell!

    I see people are so obsessed about resale value that they almost have never gone out to see homes, look at floor plans and see what they want, what the other family members want in a home or any of that. They instead prefer to calculate resale value based on current market conditions.

    Stop seeing a home as an investment and start seeing it as a place where you will live and where your kids will grow up. Obsessing too much about the monetary aspects just takes all the fun away.

    I cannot agree more. I have been trying to drill this into some peoples brain but they are so adamant on renting and has made this thread into a rent vs buy argument. I finally gave up. I am not saying that this is the right time to buy. Fast forward 2 or 2+ years, lets assume the market is good. Then when it comes to rent vs buy I advocate buying a house.

    Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.�. Go figure out guys. If you are not planning on going back for a very long time then at-least get a life in the country you reside and when the housing market is good.

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  • gapala
    12-25 12:04 PM
    What a tiresome thread!!!

    Several years ago, people actually made an effort to make IV an organization representing all skilled workers, from all parts of the world. Now, immigration matters are totally irrelevant on the forums. Heck, forget about being an exclusively India focused forum, as this thread demonstrates, it is a venue to vent on matters even more narrowly focused - My religion, my sect, my opinion, my petty prejudices. If this is not irrelevant enough, we have enough threads on red dot-green dots to justify a whole separate category of forums :rolleyes:
    Anyway, it does a pretty good job of turning off people. I guarantee you this thread alone has contributed significantly in influencing many planning on attending the March rally to change their mind. It sure did mine.


    Even today, IV is an organization representing the skilled workers from all parts of the world and will remain so in future. Just because of this one thread, and your disagreement, if you start looking at the entire organization in a narrow way is not just. You also fail to notice that the terrorism is a global threat and it affects us and our families in different parts of the world. For years, people ignored this threat as it was not expressed openly in the civic societies around the world. Now, you can see people intimidate law enforcement, justice system and even constitutions of civic society. It has become open and exposed now. Did you see that some folks are hailing idiots who does cultureless acts as heros...

    You can choose to ignore this threat but I believe its worth a deliberation to be aware of the dangerous world that we live in. Note that except few baseless arguments on this thread, lot of the posts in this thread are very informative and based on the investigative reports. Lot of them are opinions of the individuals and they are worth too. If you are afraid that this will offend some one, Yes, this may / may not offend terrorists and their supporters. This sure should not offend the educated and skilled members of this organization.

    I would not blame the entire organization for just this thread as terrorism, violence and hostility, if escalated is threat to entire humanity be it in the name of religion or their perverted belief.


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  • pthoko
    07-17 02:00 PM
    Do you always get a NEW I-94 during auto revalidation or in some cases they allow to enter on the same I-94??

    Do we have to tell them anything or do anything specifically to get a new I-94??

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  • unitednations
    03-26 08:49 PM
    Thank you UN for wonderful explanation. You hit the nail to the point. Usually USCIS sends these work location queries at the time of 140 processing. I am surprised we are seeing these at I-485 stage. Is there any recent memo related to this by USCIS that you know of?

    If you go really far back; california service center when they were adjudicating 140's would the odd time deny a 140 because they didn't believe the intent of joining the company if a person was working in different location (when baltimore case came out; it helped in overturning these types of denials and they stopped doing it).

    Now; nebraska service center the odd time did question the intent at the 140 level and also at the 485 level. I haven't seen it much in last three years. However; the ones I did see (they were all approved; thanks to baltimore decision) were for companies which had filed labors in iowa. I believe that this was also one of the catalysts in looking at iowa companies of what is happening today.


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  • unitednations
    08-01 10:48 PM
    UN, can you please reply? Thanks!

    No; it is not fraud. I have seen many g-325a's and many people seem to miss last address outside usa for more then one year and last occupation for more then one year outside usa.

    There are many uses for this. If you look at the bottom left hand corner of g-325a there is some annotations to it. One of the g-325a's get sent to the consulate. Now; what does the consulate do with it???? Do they compare it with your original visa application of what your last occupation/address was?

    One of the other uses of this information is that a person could have come to usa 8 years ago but you only need to show 5 years of biographical information. USCIS can then calculate when you really came into the country and see if you maintained the status ever since you left your foreign residence.

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  • waitnwatch
    08-05 03:24 PM
    Don't remember exactly, I can look into the wording of the law but I think
    post bachelor 5 year experience for EB2 is a law and not Memo.

    If it's the law then Yates 2000 memo is having unintended consequences after retrogression hit.


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  • Macaca
    05-01 05:56 PM
    In growing Chinese dominance, a wake-up call for America ( By Arvind Subramanian | The Washington Post

    The world’s two economic superpowers will meet soon for the third installment of their Strategic and Economic Dialogue. Beyond the specifics, the real issue for the United States and the world is China’s looming economic dominance. President Obama’s State of the Union address, after President Hu Jintao’s visit in January, showed the level of anxiety that policymakers feel about China as a potential rival and perhaps a threat, with growing economic, military and political power, including its bankrolling of American debt. But judging from the reaction to the president’s speech, that threat is not viewed as imminent. The same was said, some pointed out, of the rise of Russia and Japan, 40 and 20 years ago, respectively, and those threats turned out to be false alarms.

    But what if the threat is actually greater than policymakers suppose?

    According to the International Monetary Fund, for example, total U.S. gross domestic product in 2010 was $14.7 trillion, more than twice China’s $5.8 trillion, making the average American about 11 times more affluent than the average Chinese. Goldman Sachs does not forecast the Chinese economy overtaking that of the United States until 2025 at the earliest. Americans also draw satisfaction from their unmatched strengths of an open society, an entrepreneurial culture, and world-class universities and research institutions.

    But these beliefs may be overly sanguine. The underlying numbers that contribute to them are a little misleading because they are based on converting the value of goods and services around the world into dollars at market exchange rates.

    It has long been recognized that using the market exchange rate to value goods and services is misleading about the real costs of living in different countries. Several goods and services that are not traded across borders (medical care, retail services, construction, etc.) are cheaper in poorer countries because labor is abundant. Using the market exchange rate to compare living standards across countries understates the benefits that citizens in poor countries enjoy from having access to these goods and services. Estimates of purchasing power parity take account of these differing costs and are an alternative, and for some purposes a better, way of computing and comparing standards of living and economic output across countries.

    My calculations (explained in greater detail on the Peterson Institute Web site) show that the Chinese economy in 2010, adjusted for purchasing power, was worth about $14.8 trillion, surpassing that of the United States. And, on this basis, the average American is “only” four times as wealthy as the average Chinese, not 11 times as rich, as the conventional numbers suggest.

    The different approaches to valuing economic output and resources are not just of theoretical interest. They have real-world significance, especially in the balance of power and economic dominance. The conventional numbers would suggest that the United States has three times the capability of China to mobilize real military resources in the event of a conflict. The numbers based on purchasing-power parity suggest that conventional estimates considerably exaggerate U.S. capability. To the extent that the service of soldiers and other domestically produced goods and services constitute real military resources, the purchasing-power parity numbers must also be taken into account.

    The economic advantage China is gaining will only widen in the future because China’s gross domestic product growth rate will be substantially and consistently greater than that of the United States for the near future. By 2030, I expect the Chinese economy to be twice as large as that of the United States (in purchasing-power parity dollars).

    Moreover, China’s lead will not be confined to GDP. China is already the world’s largest exporter of goods. By 2030, China’s trade volume will be twice that of the United States. And, of course, China is also a net creditor to the United States.

    The combination of economic size, trade and creditor status will confer on China a kind of economic dominance that the United States enjoyed for about five to six decades after World War II and that Britain enjoyed at the peak of empire in the late 19th century.

    This will matter in two important ways. America’s ability to influence China will be seriously diminished, which is already evident in China’s unwillingness to change its exchange rate policy despite U.S. urging. And the open trading and financial system that the United States fashioned after World War II will be increasingly China’s to sustain or undermine.

    The new numbers, the underlying realities they represent and the future they portend must serve as a wake-up call for America to get its fiscal house in order and quickly find new sources of economic dynamism if it is not to cede its preeminence to a rising, perhaps already risen, China.

    Arvind Subramanian is a senior fellow at the Peterson Institute and the author of a forthcoming book on China’s economic dominance

    America vs China: A reality check ( By Arvind Subramanian | Business Standard
    The Chinese Are Coming! ( By Douglas H. Paal | The Diploma
    Do American Students Study Too Hard?
    A new documentary argues that kids these days memorize too many facts. Go figure. (
    By JAMES FREEMAN | Wall Street Journal
    Eyeing the White House After Service in China ( By MICHAEL WINES | New York Times

    At Microsoft, future growth rides on research, innovation ( By G. ANANTHAKRISHNAN | Hindu
    Financial crisis? What financial crisis? ( By Steven Pearlstein | The Washington Post
    The free-trade trade ( The Washington Post Editorial
    Running in the red: How the U.S., on the road to surplus, detoured to massive debt ( By Lori Montgomery | The Washington Post

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  • my2cents
    05-03 07:55 AM
    For 330K house, the calculations are probably splitting hairs. If it had already lost value to what the income in your area can support, then it is good time. But if it is still going down, I would rather buy a house at the bottom even if the interest rate gets higher. I can sell the house immediately without loss, if I have too.

    You think buying and selling a home a joke. You look on an average for 3-5 month to buy a home and one fine day u woke up and interest rate is high u plan to sell. This may be even possible only when u have bought house for pure investment.

    Once you move to ur first house with ur family. you will not sell ur house until u r forced to because of job/other extreme factors.

    Location is most important that any thing. It is very very localized. do u think manhattan house price went fact it went up. Similarly DC metro area is relatively stronger compare to mid west.

    A bit of luck is always there in every single thing. Predicting bottom/peak is always challenge.

    One funny thing..people are planning how to sell before they even look for house to buy. lol..


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  • Marphad
    12-18 12:11 PM
    I dont see anything wrong in what Auntlay asked for.. he has asked for investigation as to how Karkare was killed.
    his initial verbage was not good.. but what he asked later was completely justified..
    All the people in the van, in which Karkare was killed, died except one Hawaldar..
    And all the top cops in the same van at the same time, somethings needs to be justified..

    True. No doubt this needs investigation. But Antulay's intentions were horrible.

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  • Macaca
    12-28 07:35 PM
    Unique India jail outsourcing unit set to begin ( By Soutik Biswas | BBC

    In a sprawling conference hall in a prison on the outskirts of India's southern city of Hyderabad, a dozen-odd prisoners are tapping away furiously on computer keyboards.

    It is an unusual sight: the prisoners, mostly sentenced to life for murder, are training to become workers in a unique outsourcing unit that is coming up at the impressive 43-acre Cherlapalli jail.

    They are in the middle of a typing accuracy and speed test, having been set a target of typing 35 to 40 words a minute. Other prisoners are shadowing them.

    Of the 2,000-odd inmates, nearly 70 are engineering graduates, say prison authorities.

    By end of January, they believe, India's first BPO [business process outsourcing] unit in a prison will begin working with 50-odd inmate "employees" from an in-house meditation centre which is being transformed into a factory.

    'Expecting orders'

    It will specialise in non-voice based, off-line outsourcing work like digitising records, legal documents, scripts, manuscripts and text books, and medical transcription, says K Mohan Menon, a manager with Radiant Info Systems, a US-based info-tech company which is assisting the venture.

    It helps that Hyderabad is a BPO hub, generating some 50 million rupees ($1.1m; �717,922) annually in revenues from non-voice based business alone.

    "We cannot let prisoners get online and communicate with the outside world. So we opted for an offline business. Some people and companies have already shown interest and we expect some orders soon," says prison chief G Jayawardhan.

    The convicts get a paltry 15 rupees [33 cents] per day for other work like making steel furniture or working on looms in the prison, but authorities expect to pay them 100 rupees [$2.2] to 150 rupees [$3.32] a day for working in the BPO unit.

    M Nageshwar, 37, a software engineer who worked with a company for 10 years before he ended up in prison, is leading the pack of convicts who are training to work at the unit.

    He was found guilty of killing his wife - he says she committed suicide - three years ago and sentenced to life.

    Mr Nageshwar has contested his conviction in the Supreme Court.

    "I am excited about the project. Educated people like me can easily slip into depression when they are incarcerated. It is a relief for convicts like me and a good opportunity to prove ourselves," he says.

    "Also, remember," he whispers, "an idle man's brain is a devil's workshop."

    G Rama Rao, who was sentenced to life 15 months ago for murdering a political opponent - he says it was a case of "political conspiracy" - echoes a similar sentiment.

    Mr Rao is a postgraduate in commerce from a leading university and owns a rice mill, which his family runs in his absence.

    "As an educated man, I can't find good work in a prison and get bored. I can't do all the factory work here. At my rice mill, I did my accounts on the computer. So I will use my skills to spend time better," he says.

    'Living in hope'

    Most convicts believe that their work experience with the outsourcing unit will fetch them jobs if and when they are released.

    Ravi Kumar, 26, was an army clerk for seven years, before he ended up shooting a colleague dead while he was posted in Indian-administered Kashmir.

    A commerce graduate, Mr Kumar says he has worked on computers in the past.

    "When I come out of prison, this is going to help me," he says.

    Twenty-four year old Mahesh Goud, who has been in the prison for 14 months in connection with the murder of a friend, is an electronics graduate.

    He worked in a hydroelectric plant as an electrical engineer for nearly two years, earning $280 a month till the crime.

    "I am feeling useful again. I am spending time more fruitfully. I hope this is a success," he says.

    Bank manager Ratna Babu, 53, was working with a state-owned bank before he was arrested on charges of misappropriation of money, a charge he denies.

    The case dragged on for 13 years before he was sentenced to six years in prison about a year ago.

    Mr Babu says he began learning computers only three months ago.

    "After I am free I will never get a job in a bank. I want to work for a BPO then. This training will stand me in good stead.

    Mr Goud agrees wholeheartedly.

    "It will help in my future. All of us will be released one day. All of us have to go out and find work then. This experience will help us. We all live in hope, don't we?"

    Outsourcing unit to be set up in Indian jail ( By Omer Farooq | BBC


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  • ArkBird
    05-01 01:42 PM
    By the way what is the actual status of this bill?

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  • logiclife
    05-31 05:25 PM
    The congress, the president and everyone is crazy. Except Lou Dobbs. Lou Dobbs is the only one who is doing the sane talk.

    Read the smart Einstein-like man's column here:

    The whole world is crazy except me (

    I will post my own editorial on his editorial on CNN, once I get a minute. In the mean time, seriously, take a drink or two before you read this contribution from Lou Dobbs.


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  • gimme_GC2006
    04-13 09:36 PM
    Dear friend - looks like ur sugar levels are going up and down - hang in there. I think you will be fine. Thanks for sharing your experiences with people here.

    hehhehe..yeah my sugar levels and stock market indexes have synchronized themselves very well up/down is always a guess :p

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  • dealsnet
    09-29 12:45 PM
    It will be disaster for the country, if a man with only four year of national experience, out of which two year spend on primary campaign to run the country. Immigrant people only can talk loud. But he sensible american people will vote McCain to power. This openion poll is non sense. Demoratic party is like congress party in India. Trying to be socialist, not socialist, support everything all evils to get vote and support. Pleople planning to spend money for Obama is waste. Instead support IMMIGRATION VOICE.

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  • Jimi_Hendrix
    11-11 05:45 PM

    I encourage IV members to go to the above website and add themselves to the list of petitioners asking CNN to fire Lou.

    03-24 09:16 AM
    A lot of the list and questions that you are being asked is what department of labor asks when they are investigating possible h-1b violations. What they have asked you is usually in those types of investigations.

    There is a lot of things going on behind the scenes that many people are not aware of or totally clueless to.

    Many people are trying to make the GC easier for themselves whereas the real focus should be a defensive measure.

    Right now;

    VERMONT SERVICE CENTER is denying many, many h-1b's. These h-1b's are for companies who file greencards. If they are assessing that these companies do not have temporary jobs that require a degree then do you not think it is going to gravitate towards employment base greencards?

    They are figuring out through requesting of payroll records, w'2's, consulate denials, etc., that many, many people never joined companies; didn't get paid, transferred to other companies shortly upon arrival.

    It looks like USCIS/DOL have gone to zero tolerance and have devised ways to pierce through favorable rules protecting immigrant wannabe's.

    They pierce through 245k by going through possible immigration fraud by listing employment in the g-325a when a person didn't get paid and may not have had employer/employee relationship (i have actually seen this where USCIS cited possible immigration fraud due to this issue to trump 245k).

    USCIS is starting to challenge companies whether they have permanent jobs instead of temporary jobs; which looks like where this particular OP is going to go through. If they determine the job is temporary then that is going to spell doom for the EB greencard for him.

    People decided they were going to poke USCIS and take complaints to senators/congressmen (whom you all think are your friends but many of you do not realize that they are not your friends) and now everyong is going to see how the system in this country works. We are currently in a new day and age with immigration. Everyone should buckle their seat belts as this is going to be a real bumpy ride.

    I have to agree with you. I am seeing some folks living in Utopia and think that they can ram their way through USCIS, Senators and congress and can easily get a bill. They think removing country caps is so easy. All you have to do is meet some lawmakers and ask them to bring a bill. Likewise some think that by sending spam emails anonymously they can get all immigration fixes done. Our population thinks it is very easy and there is no point spending any dollar to it. By sending annonymous spam emails everything will change. I have seen that we all conveniently blame IV if nothing good is happening. But we are keeping our eyes closed to the outside world.

    The reality you have told is different and people who have EAD think they do not need to care about it. All they care about is their own greencard. People on H1B think they already have a good job and a 3 year extension stamped on PP so they do not need to worry about new laws. Students think only about getting H1B through a consulting company so that they have an H1B and will worry about problems later. People on greencard do not care about people on EAD and H1 as they are out of it. ROW folks do not care for Indians as they think it is only Indians that are in trouble. Chinese do not care because they think they need to be anti-Indians because Indians are taking all the rollover greencards. So I guess we are all divided and fail to see.

    I am seeing so many denials and RFEs on H1B too and we people are all quiet. People who have EAD do not want to help people like me who have not filed I485 and make opportunities equal for everyone to stay secure.

    I think USCIS needs to start investigating all old cases that used substitute labor and cut the line. Once they start doing that a lot of people on this forum will panic. Likewise they must investigate all cases where people have filed greencards for company B and are currently working for company A and even after getting greencards never worked for company B. Revoke all their greencards and you will see lot of greencard holders coming to IV and willing to contribute and begging for help.

    So I guess unless people's houses are on fire, they will not do anything about the state of immigration problems of others.

    04-09 11:57 AM
    Thx for saying that. My boss who is a professor in a research university at least thinks that way, and also believes that I am a leader (FYI riva2005). Frankly, if you are not displacing an American, and there is legal proof of that, there is no reason to worry. Also, mjrajatish: yes, it will be difficult to move in 2 weeks. Same holds for me too because they have to prove that Iam not displacing another American in the new workplace. I see nothing wrong in that.

    Great. Maybe you should put out an ad in the newspaper. Or maybe you should say in your EB1 petition "My boss believes that I am a leader". That ought to do it. I am sure USCIS will approve your EB1 right away when they see that your boss believes that you are a leader.

    My boss too believes many things. He believes that I can walk and chew gum at the same time. Maybe I should tell my parents about what my Boss believes. That would make them proud.

    Seriously rimzhim, you are thinking that only you and a handful of others with Ph.Ds are providing service to this country and others like "Consultants" are just getting a free ride. I am not a consultant myself, but I do see really smart and capable professionals doing consulting. You need to get out of your lab more. There are plenty of consultants in IBM, Accenture etc. who are some of the best brains in IT and management and who are either on H1B or used to be on H1B.

    Quite contrary, the best brains actually prefer consulting beacuse there is more money to be made in it. Many H1Bs doing fulltime jobs start consulting when they get greencards because consulting pays more.

    If you are really a scientist, you should be doing something good with your time rather than trolling the posts of EB3 losers like myself.

    Go shake some test-tubes or something. Or go to your boss's office and he will tell you how great you are.

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