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  • xyzgc
    12-27 12:25 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?

    You do have a valid point. Pakis would be insane to indulge in proxy wars at this time - when their pants are around their ankles.

    But surely you are well-aware that they have done it in the past and now its all back firing!
    The killer bees they nutured are coming back and biting them. And what are they doing to stop them from biting Indians? Nothing!
    That is the problem. Which is why Indians need to raid these terrorist camps. Because Paki govt is not doing its job to control the very monster they created.





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  • unitednations
    08-02 10:35 PM
    You mean the spouse gets 245i benifit even if the spouse was not present here on dec 2000 and came after 2001.


    I haven't read the memo in a long time. You would need to research it.

    It just piqued my interest because it could be used by people who need the 245i benefit but weren't eligible for it and they got it through their spouse even though spouse may have not needed it and spouse relationship didn't even exist at that time.





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  • desi485
    08-06 01:26 AM
    Pappu,
    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

    Go ahead and close the thread, it's in your nature. Plus i already know which members to contact to make this go forward. I said before and i will say it again, i was NOT looking for monetary contributions.

    I was just reading all the posts which i did not get to read since morning when i left for work.

    To answer some people who called me an asshole, a hater, an anti-immigrant, a bodyshop employee, and a number of other things:

    1.) I graduated from one of the IITs in India, came to pursue my Masters in the same field in the 4th ranked university (for that field) in the US.
    2.) Finished my Masters in 1.5 years and got 2 jobs through on-campus placements (one in my field, one not).
    3.) Took the job that pertained to my field of study, been here ever since, company is the number 2 company in its area, and is a US establishment.
    4.) I never paid a dime for my H1-B or my GC processing till date, it was all paid by the company.
    5.) My company is very strict regarding the letter of the law, and so my GC processing was by the rule book, each and every detail (no fake resumes here).
    6.) I get paid the same (actually about 2% more) compared to a US citizen at the same level/position in my organization.
    7.) I have exactly the same medical/vacation/retirement benefits as a US citizen.

    I did not get a chance to read my PMs but will do that shortly after supper. Yes, i am EB2, but a VALID one. I hope, in moments of clarity, people who are shouting and abusing can see that.

    Yes, i do have an attorney and a paralegal i am talking to, and i will file this case in the proper arena. I am fed up and will do what i think is right. Meanwhile, for those who think porting is right, you are welcome to it. No one stopped you from challenging the law either.

    You can talk here all you like, but i pray that your "bring it on" attitude survives till the point where this porting mess is banned by law.

    Thanks for your attention (or the lack thereof).


    Well, if you going for it, why don't you try this. Only you and you can apply for GC, no one else should be allowed to do so - unless you get it first.





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  • redgreen
    08-05 10:03 AM
    Many are supporting 'porting'. Then why are they opposing 'substitution'??
    The original poster never said that an EB3 should not apply for EB2. But after a few years when they can apply in EB2 they should not be considered they were already in EB2 all those years! There is no logic in it. I understand the frustration of everybody who is waiting for GC for several years. But laws should be based on some logic. Consider people who didn't apply for GC for years even though they were eligible! Are you people saying that they should get priority over people who applied??



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  • Refugee_New
    01-06 05:41 PM
    Oh! you were so saddened and shocked about the killings happening far way!
    And you condemned the killings of innocent people in Mumbai by Pak terrorists (Though I checked and didn’t see any post from you in that thread)

    Where you shocked when religious fanatics attacked and killed poor tribals in Orissa? The government itself accepted that 50,000 people fled the villages to forest? Even nuns were raped. These are not reported by CNN/Fox, but by all mainstream news media in India.

    OR you get shock only when people of your faith are involved, ONLY when they get killed (and NOT when they go on a killing spree)?

    I get shocked only when the world watches the massacre silently and doesn't stop the killing. By the way you couldn't find my post because "Mumbai attacked" thread was deleted by moderator after several weeks of discussion and racial insults.





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  • rongch60
    07-14 02:40 AM
    To be honest, do you think that a petition from 1 category from 1 country will change the way USCIS interpret the spillover rule? No way! Currently, the highest priority is to make sure that USCIS use up all visa numbers. Any waste will hurt both EB2 and EB3. EB3 petition will create confusion on the bills, waste times from USCIS, and potentially took advantage by anti-immigrant groups to stop spillover. Is there any law that clear stated the cross-country spillover? Please stop the fight and not take the risk of losing all cross-country spillover!



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  • validIV
    06-25 03:36 PM
    The only way renting is not throwing money away is if you can claim it as a tax expense (business for example). Otherwise you may as well be smoking that money every month. There is no way for you to recoup rent money, no matter what logic you may claim is sound. Renting should only be used as a stepping stone, to save up enough money to buy.

    If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?





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  • file485
    07-07 10:05 PM
    Hi,
    Thank you for all your support.They asked for my husband`s paystubs ,all employment history all W2`s when he filed for AOS as primary.Later we withdrew his petition and only kept petition filed through me as the primary.That officer is extremely detailed oriented ,he/she asked and questioned every minute detail pertaining to our case.
    New update on EAD is that local offices are no longer authorized to issue interim EAD`S.We went to local office in greer, south carolina(we live in charlotte,nc) and the answer we got was that they can only email uscis why there is a delay.and if we wanted to find an answer we should come back in 2 weeks and that they won`t disclose any thing by phone because of privacy act.

    you mean to say,while filling in the form for his AOS..I think somewhere it asks that 'have you filed for AOS earlier etc(not sure the correct wordings..)'..so he had to choose a 'yes'..is that so..? if it was yes,possibly that was the reason for scrutiny..

    when his case was so shaky, he should not have filed for AOS..but what has happened has happened though..
    jeez..this is so stressful and can totally empathize with you



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  • lord_labaku
    08-06 12:55 PM
    Other than the July 07 USCIS debacle reversal thread, this is the best thread in IV so far.





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  • sk2006
    06-05 03:20 PM
    >> First off, a house is really both an investment and a home.

    If you look at the historical rate of appreciation vs. the risks involved - I think you will come to the same conclusion as I did - that it is a lousy investment in mature markets like US.


    Correct.
    Infact experts call an invest a good investment if
    #1 Returns are good
    #2 Expenses are low

    Investment in house does not meet any of these.. Returns historically are only slightly better than rate of inflation (forget the bubble years) and expenses which include property taxes and maintenance costs are too much to call it a good investment. And then you pay interest on the borrowed money.



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  • gimme_GC2006
    03-23 12:22 PM
    if the e-mail address is ending with "dot gov" then you should be fine. If some is mailing from yahoo & gmail then dont respond.

    :-)





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  • njboy
    04-08 08:14 PM
    genuine firms like microsoft are unable to hire h1b people because ..guess what? all the h1 quota is over..here in new jersey, I was approached multiple times by people who said if I get anyone to file an h1 in their company, and if the h1 came through..I would get 1000 U.S.D. I asked them..what should be their qualification, they said..dont worry about qualification, they'd give a free course for QC tester and place them. So I wont be surprised if big fortune 500 companies are also behind this bill.



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  • ganguteli
    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.





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  • Raju
    05-24 03:40 PM
    Nothing new. Of course the US needs to bring the bright and the best. Yes, I agree with you the US apparently doesn't have the necessary number of people with advanced degrees in science right now. I never told you to shut down the H1B or decrease the numbers. I am just saying, can people respect the other side and suggest more sensible mechanisms ? Can one understand that an automatic increase of 20% per year can cause hardship to citizens caught in a future and unexpected recession ? That's all I am saying.

    Folks, this is what concerns me. We are all very educated people and we cannot have a decent conversation. Many in this thread gets angry at me. As Lou Dobbs says, that is shocking. :-)

    Have a good one.

    Communique

    Hey do you that if something like that happens then Congress will decrease the numbers automatically



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  • Ramba
    07-14 05:33 PM
    What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
    Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.

    I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.





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  • whoever
    04-07 06:51 PM
    yeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.



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  • desi3933
    08-05 04:06 PM
    Of course porting is derived from law!
    As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002





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  • ssa
    07-14 09:16 PM
    I'm not from PERM. I got my labor approved the old way. In any case, this is far different from your own wording in the petition which implies *DOL* suggested that you apply in EB3. From you own post what happened was DOL rejected EB2 application and then the applicant re-applied in EB3. The very fact that PD could not be ported among the two applications shows that these two application were completely unrelated which again goes against your petition's stand there is no real difference between most of those stuck in EB3 backlog and EB2.

    I'm neither trying to split hairs here nor trying to pick a fight with you. All I'm trying to say if you are planning to send hundreds of petitions to government agencies like DOL and USCIS they better be factual and accurate or else we may end up inviting more troubles unintentionally. That's why the title "Devil is in the details"!

    Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)





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  • kutra
    07-14 07:30 AM
    I agree ..the letter can be improved but EB3-I should be allowed to express their frustration. This is a free country and I guess you can send letters.
    at the very least, EB3-I can hope that someone from USCIS tells what is the approximate future for EB3..so that those who are stuck there can take appropriate actions

    Sure, it is a free country. But I only hope the letter or words do not mention anything about IV. Reason being, if IV is not endorsing this campaign, then do not express yourself under the IV banner.

    IV is like a human body with all of us members being the different parts of the body. However, there should be one and only one mouth. And that should be consistent in the IV messaging. If IV core (which is surprisingly quite on this thread) is asking everyone to focus on the visa-recapture campaign, then that's what everyone should do.

    On a related note, a free country doesn't necessarily mean you can express yourself just because you want to. I can call anyone an idiot just because it's a free country, but everyone else can see who the real jerk is!

    Being an EB3-Indian myself (Oct 2003), I can only urge fellow EB3-Indians to think rationally and urge IV core to provide their thoughts.

    P.S.: Just think what a ridiculous thing you are asking for......"for USCIS to tell what is the approximate future for EB3"!! That's a joke! I don't know what my future will be GC or no GC. Why will I listen to USCIS who has been most trustworthy historically. And why would they want to make themselves liable to tell you what actions to take. As I wrote earlier, just because it's a free country, it doesn't mean, you can ask someone for anything irrationally!





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    sanju
    05-16 09:42 AM
    No this is not correct. If consultancy companies are not there we could find a permanent job. I do not think if H1b is banned for consulting H1b numbers will be reduced so much. H1b rotation will be reduced. But still TCS, Infosys will survive as they have lot of other options like L1 and B1.But US persons will make more money in consulting as there is no restriction for them. So impact is minimal for US companies and also H1B persons. impact will be severe for bodyshoppers. Also current H1b people will not be impacted as most of them will file I 485 as Skil bill be passed. But H1b abuse will be minimised.

    If consultancy companies are not there we could find a permanent job.

    oh really!!! Your argument is exactly the same arguments used by lazy and undeserving members of IEEE-USA who simply want to eliminate their competition from the younger and more dynamic engineers from the other parts of the world. They also think that if H-1B folks will not come they will get all the jobs and their rate will go from $100/hr to $200/hr. You seem to think that Durbin-Grassley bill will create more permanent jobs for you. Why is there such a strange similarity between yours and IEEE-USA's thinking?

    Companies will survive and they are good with that. Let’s worry about our survival rather than the survival of TCS, Infy etc.


    But US persons will make more money in consulting as there is no restriction for them...... impact will be severe for bodyshoppers.

    Again, strangely enough, your views are identical to the views of IEEE-USA. The fact is, "more money" will be there for very small time. And then jobs will be outsourced to the person who would have come here to do the same job. In the final analysis, Durbin-Grassley bill only delays the demand and supply meeting each other for couple of months. But in the new setup, Durbin-Grassley bill is making sure that the job is outsourced for ever. True, before the job is outsourced, there will be "more money" and "more jobs" for small window of time. But then, it will be NO job till eternity. Its like, you can either be satisfied with the golden egg each week or you could choose to kill the hen that gives you the golden egg.

    But H1b abuse will be minimised.
    You will then join a permanent job and whine about someone laughing at you when you pass though the hall-way or not looking at you in the meetings when you are talking. So the bottom line is, there will then be different kind of abuse and exploitation. What will you do then? Maybe you could go to Durbin-Grassley again after a year and ask them to pass another bill to protect us from the "abusive" way someone laughs when you walk though the hall-way. I am sure IEEE-USA will help to promote a bill to protect ALL of us from such an "abuse".



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