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  • lfwf
    08-06 02:54 PM
    OP is long gone. Your post is full of big brave words and no substance. If you want to have a discussion and demonstrate your "intellect", please make some rational arguments and back them up. There is no lawsuit discussion here, just a debate on the merits of BS+5 PD porting

    NKR,

    When you give reds, learn to read the whole post. I pointed out that since Op was gone, no one here was really filing a lawsuit but we were debating the issue. The thread may be about anything, so what? The discussion ahd turned to a personalized bashing of anyone that dared file for EB2.

    Reading your posts I see that you got a red from someone, guess you decided to lash out in return. Fitting!





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  • pappu
    07-14 09:35 AM
    [Eb-3-I is also participating in calling and contributing..]

    [For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]
    [This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]


    Some answers to your questions:
    - Due to visa wastage and pressure from several corners, DOS is trying its best to avoid any wastage this year. We should feel happy that this is happening. Now EB2 is getting benefit because, they are getting spillover from EB1 and EB2ROW. The last bulletin clarified it as there was confusion on how this allocation happens. If EB3 has to benefit from it, then EB2 needs to get current to get the spillover. I do not see that happening for a long time for EB3 India as a lot of people must be in the queue for EB2India. Thus this may not be the best approach for EB3 India.

    If you write a letter asking for dates to move for EB3, that will not work. If you write a letter saying you are waiting for long and you should get greencards, my guess is the response will be that there are so few visas and so many applicants. Refer to the recent sub-committee hearing on visa wastage and backlogs and you will get answers.

    - Lawyers cannot influence any decision through their contacts as they may have claimed to you/you got that impression (If at all they have any and if they say, then they must be reported because they cannot do it. In my opinion they cannot 'use contacts' to get decisions in their favor). If you have that impression that it is incorrect and illegal. If any lawyer has told you that, then he must be reported.

    If any lawyer has told that DOL had asked labor to be filed in EB3 instead of EB2, then I have not seen any such communication from DOL. Ask your lawyer to produce that for you or ask him to give this to you in writing. I do not recollect that kind of news. Laws were not changed even if there was recession in 2001-2003. If you think the lawyer has misled you, you must take action against your lawyer. But I do not believe DOL asked people to file in EB3 instead of EB2. If that was the case then we need a proof and IV should look into that.

    - IV had anticipated the difficulty in getting legislation this year. Thus we had started the admin fix campaign early this year and had been pushing for it real hard. However we could only get 4K letters from a 30K membership. A lot of them were anonymous. We are still deadlocked on the 3 Lofgren bills. Only 179 people made the calls from IV in the last 1.5 months.

    So the solution is there but we need to get massive participation first. People can certainly write to the administration as in the admin fix campaign, but the question is can be have massive participation.
    We all really need to brainstorm and come up with an idea that will ensure massive participation and present compelling reasons for administration or lawmakers to act. If you think letter is the best option then get the active members involved in reviewing and revising the draft before you start a campaign. Make a really strong case. IV will welcome anyone leading an effort and working on it aggressively.





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  • xyzgc
    12-28 12:35 AM
    As much as terrorism is an evil thing, surgical strikes and stuff won't do crap. It will further alienate and give fodder to the mullahs to create more Kasab's. Really, do you think we can stop 20 yr old guys who are willing to kill themselves, think again? These guys are just washed out completely, there is no retribution, pain, all they see is a target and blow themselves out.

    Instead, we should concentrate on the war within that we face. Be it from communal/political/socio-economic violence or lack of regard for the common man's life. By no means I am saying inaction but war is certainly not the solution. Pakistan will meet its fate sooner than later if they continue the path they have chosen. We don't have to hasten it.

    200 Indians dying is painful but look at these figures to put things into perspective.

    Accidents in India:
    http://morth.nic.in/writereaddata/sublinkimages/table-6408184011.htm

    AIDS
    http://www.avert.org/indiaaids.htm

    Infant Mortality:
    http://www.indexmundi.com/India/infant_mortality_rate.html

    Rapes
    http://keralaonline.com/news/india-ranks-rape-cases_12144.html

    These are all staggering numbers and something none of us have to depend on a third country to seek the cure.

    I hope India continues to apply diplomatic pressure and show the world the parasite Pakistan it has become. As Zardari today acknowledged, they have a cancer within the country, its eating up. If they don't, its just a matter of time. To cure that, if they find mullahs as their doctors, time will be up pretty soon..

    Do you mean we should spend the $26 billion on defence budgets (yearly) just to make hollow noises and allow terrorists to run amok in our cities and attack our senate?How many years your folks in India have paid taxes to the central govt? Have you tracked the tax money that goes out of your family's pockets?

    Or are you saying that we should donate our arsenal to Pakistan and stop spending on defence, henceforth?

    Children are blinded to make beggars in Bombay, women get raped in Delhi, sex workers have AIDS all over the metros, so you are saying we should divert all our defence budgets towards humanitarian causes?
    Why don't you suggest this to Honorable Mr. Manmohan Singh and Honorable P Chidambaram and see if your Utopian proposal will be ever accepted?





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  • file485
    07-08 07:52 PM
    this is so so jittery...

    this is a post where they r actually checking the from and to date of the dependant's i94 out-of-status

    http://boards.immigrationportal.com/showthread.php?t=190778

    guys..who just posted before me...pls read the whole thread, her husband had already filed once for AOS and then they had asked for his W2's for which he dint have..they abandoned that AOS and now trying AOS thru the wife..so basically he is still in the records of INS..maybe he dint reply his RFE or god knows what database INS maintains..



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  • willigetagc
    08-05 08:40 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

    In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
    But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

    You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.





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  • krishnam70
    03-26 07:10 PM
    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?

    That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?

    your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.

    - cheers
    kris



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  • dealsnet
    01-08 10:56 AM
    If you don't got the greencard, good luck for that. Please don't discuss any religious things here. It make others furious. Concentrate on your carrer and family. Belief in God is enough. Organised Religion will give misery only. Man made the religion. God didn't created it.


    you have serious language comprehension issues.. I used bastards on palestinians not jews in a post where i was defending palestinians, so i was being sarcastic
    and in the other post you refer to, i was criticizing jews, cristians and muslims for taking the end of time scenarios too seriously and applying it now.. no ones knows we are the the end of times anyway.. and even if that in some way offends you, that doesn't make name-calling all egyptians any less racist





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  • sanjaymk
    08-05 05:34 PM
    no joke list is complete without little johnny's joke..here is one. This is the only decent one that I found which will not get me into trouble here..

    Little Johnny's teacher asks, "George Washington not only chopped down his father's Cherry tree, but also admitted doing it. Do any of you know why his father didn't punish him?"

    Little Johnny replies, "Because George was the one holding the axe?



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  • pappu
    08-11 08:46 AM
    http://www.flcdatacenter.com/CaseH1B.aspx

    maybe we can do an official press release showing how dumb these people are. as far as i know all this information can be downloaded directly from the flc datacenter. we need to start writing op eds against people like lou dobbs who keep skewing the debate
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data? We would be able to get independent analysis of that data by experts to our advantage. This analysis can be used by media when they interview us and also can be given to lawmakers to win their favor. you can PM me or post any such information on this forum and I can send it to experts I know.





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  • amitjoey
    08-05 01:29 PM
    I am an EB3 2003. I think I did qualify for EB2, but the job position did not require me to be in that category, moreover EB2 & Eb3 were both current and various other factors were considered and they decided to apply in EB3.
    NOW: It was my bad that I got stuck in the stupid BEC. A fellow I know with lesser qualifications applied in EB3 in 2004, then changed jobs, applied in EB2 in 2004 and has a green card already.
    DO YOU MEAN TO SAY: THAT YOU ARE GOING TO DENY ME MY 2003 PD IF I APPLY IN EB2. FORGET THINKING ABOUT IT! Not that it is easy or I am doing it. As a matter of fact, I am not interested!.



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  • singhsa3
    08-05 09:46 AM
    I don't think there is any point in continuing this discussions. He is right in his own way. You are right in your own way.
    He is concerned about porting across the categories. What you mentioned is the valid point but the affected person will still be able to port with in the category.

    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!





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  • senthil1
    04-09 12:02 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.

    There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.

    Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.

    So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"

    I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?



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  • logiclife
    05-31 06:18 PM
    Tucker Carlson(Yeah, the one who was mocked by Jon Stewart and eventually was scrapped from CNN's crossfire) is next in the recruitment line for Fox News.

    For a job at Fox I think Tucker and Lou pretty much are competing. Both think that immigrants are the cause of deficit and all the economic crisis(if such a thing exists today). However, I am sure both love their houses built by illegals, the lettuce picked by illegals.

    Lou Dobbs is along the lines of Pat Buchanan. He would rather insulate the United States from the rest of the world and isolate. Against immigration, against outsourcing, against free-trade. Sort of like built a huge Igloo around the country so that the immigrants dont plunder the wealth and property that Lou has created with his bare hands.





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  • rbalaji5
    07-13 02:03 PM
    But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
    Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.

    What you said is correct.?.

    EB2 has more experience / advance degree compared to EB3. EB1 has more advanced than EB2.

    Can you give preference to 12th Standard guy instead of Engineering guy.

    I agree with Pappu

    Each employment based categories are for different levels.

    Wakeup EB2s..



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  • nogc_noproblem
    08-05 02:21 PM
    The ten Commandments of married life

    Commandment 1: Marriages are made in heaven. But so again, are thunder and lightning.
    Commandment 2: If you want your wife to listen and pay strict attention to every word you say, talk in your sleep.
    Commandment 3: Marriage is grand -- and divorce is at least 100 grand.
    Commandment 4: Married life is very frustrating. In the first year of marriage, the man speaks and the woman listens. In the second year, the woman speaks and the man listens. In the third year, they both speak and the neighbors listen.
    Commandment 5: When a man opens the door of his car for his wife, you can be sure of one thing: either the car is new or the wife is.
    Commandment 6: Marriage is when a man and woman become as one; the trouble starts when they try to decide which one.
    Commandment 7: Before marriage, a man will lie awake all night thinking about something she said. After marriage, he will fall asleep before she finishes.
    Commandment 8: Every man wants a wife who is beautiful, understanding, economical, and a good cook. But the law allows only one wife.
    Commandment 9: Marriage and love are purely a matter of chemistry. That's why the wife treats the husband like toxic waste.
    Commandment 10: A man is incomplete until he is married. After that, he is finished....





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  • boreal
    08-30 11:28 PM
    This is hilarious........


    http://odeo.com/episodes/7076453

    Funny...But this is so so made up..first of all this guy doesnt have an "Indian accent"..it is so "appu"..and every Indian can recognize an Indian accent from a mile! (and "raj" - how original!!)..and second - the woman's accent..it doesnt like that of someone who came from India only 3 yrs back (even counting those who start putting on an accent as soon as they land here)....I guess some ABCD ( no offense ) trying to make a funny clip...funny alright..but most probably made up...



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  • go_guy123
    07-28 03:39 PM
    Asain-Americans seems to favor Obama overwhelmingly as per this survey. its interesting to read the survey - these immigrants who have gone thru the process themselves and might have friends/relatives in the process - didnt mention immigration as one of their important topic to decide on the vote. Understandably economy is the top topic but was expecting to see immigration atleast behind economy.
    POLITICS-US: Asian Americans Tilt Heavily Toward Obama - IPS ipsnews.net (http://www.ipsnews.net/news.asp?idnews=44144)

    Bulk come through family based/asylum etc and very little come through skilled immigration. As H1B you are better off with GOP.
    GOP wants to restrict the family based as well....source of chain immigration.





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  • unitednations
    03-25 12:41 PM
    Thanks for the link. Essentially there are 2 issues here

    1. Proving that Employee - Employer relationship exists between H1 beneficiary and employer. The ability to hire, pay, supervise and fire should be demonstrated.
    In cases where it is denying, USCIS is of opinion that the employer is in contract, manpower agency and their variants.

    This is somewhat analogous to similar test done by IRS to establish emploee-employer relationship in case of independent contractors.

    Not sure if it would make much difference, but if the petition letter demonstrates that the employer has control over the employee required matters, provide equipment (laptop etc) and that employer is primarily not in manpower business, it may fly.

    2. Second issue is about need to bachelors degree and that computer programming is speciality occupation. I think there are clear precedents on this with guidance memos from USCIS agreeing that computer analyst /programmer is indeed a speciality occupation and that bachelors degree is a minimum requirement.

    I am unable to attach actual doc on this message because of size limitations. But here is summary quoting from murthy.com

    "In a December 22, 2000 memorandum from INS Nebraska Service Center (NSC) Director Terry Way to NSC Adjudications Officers, NSC acknowledges the specialized and complex nature of most Computer Programming positions. The memo describes both Computer Programmers and Programmer Analysts as occupations in transition, meaning that the entry requirements have evolved as described in the above paragraph.


    Therefore, NSC will generally consider the position of Computer Programmer to be a specialty occupation. The memo draws a distinction between a position with actual programming duties (programming and analysis, customized design and/or modification of software, resolution of problems) and one that simply involves entering computer code for a non-computer related business.

    The requirements in the OOH have evolved from bachelor's degrees being generally required but 2-year degrees being acceptable; to the current situation with bachelor's degrees again being required, while those with 2-year degrees can qualify only for some lower level jobs."

    Onc; uscis determines that company is an agent then they ignore the part of the petition with the job duties. They pass on the burden of job duties, description, etc to the place where person is going to work. Essentially; they state that since h-1b company is not contolling thei work then they are not in position to state job duties or whether job requires a degree.





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  • milind70
    08-03 09:22 PM
    Do you really think they would send the G-325a to the consulate? Do the consulates keep all the records? For how long? I heard from immigrationportal, somebody said they only send G-325a to the consulate if one applied a visa within one year prior to AOS application. Can anyone confirm this?

    If they send everyone's G-325a form to the consulates, would that result in another backlog? Thanks.

    This is really a grey area, as per the field manual visa's issued by consulate/embassies less than a year are verified or checked. Less than a year is because the dept of states purges data a year old thats why less than a year time frame they send the copy to consulate for checks . But the grey area I am talking about is ,lets say i applied for 485 in july 2007 and i got my H1 stamped in sept 2006 by the time my case is processed it will be most probably oct 2007 (liek data fed in etc) now in oct 2007 when they process the checks DOS would have purged the data ,so in turn when they process your checks yourr visa issuance date shoudl be over a year as the consulates and embassies wil purge data one year old. I am talking about normal cases where visa stamping is very straight forward ,revalidation or extension etc.





    hiralal
    06-04 10:07 PM
    here is a good point about long term housing prospects. I for one am glad that GC delay saved me from buying a house.
    this is from an article
    ------------------------------------
    Why do I think housing is in the tank for the long term?

    First, I listen to people smarter than I am - a key to success from investing to recreation league baseball. When my rec team had its first losing season - after twelve consecutive great seasons (two per year) I did the logical and hired a professional coach. They were winners the next season. Ditto for analyzing stuff - and I follow Ivy Zelman and Whitney Tilson. They have been dead on about the mortgage meltdown - and see a larger one coming.

    Listening to them, reading data and being objective has led me to see the key to a rebound in housing is clearing inventory - too much supply and too little demand, and since lower than five percent interest rates have not spurred buying, supply is the issue. Supply comes from the sale of existing homes, the sale of new homes, and the sale of foreclosed homes.

    * Typically ten to fifteen percent of Americans sell or want to sell their home in a given year. Recent survey data shows the number is now 30%. Keep that in mind.
    * New home sales are incredibly low. Market wisdom said home building stocks would rise once the new housing start rate hit a million and inventory became tight. New home starts are roughly half of that and there ain't no rebound. As the poet said, times, they be a changing.
    * People are not selling, and builders are not building, not just because people are not buying - it is because prices are low and going lower and the driver here is foreclosures. Data can be found here, there and everywhere but the salient data points are a) banks are accelerating foreclosures, b) the next wave of resets of mortgages, the cause of most foreclosures, does not peak until the summer of 2011, c) banks are already sitting on more than half a million homes they have not listed for sale, and the whopper is d) the New York Times has reported that there are nineteen million empty housing units and only six million are listed for sale.

    This last point, when combined with another couple of million foreclosed homes, then with desire for people wanting to sell their home as soon as they can, means excess inventory for as far as the eye can see. I originally projected housing prices would, nationally, bottom at the end of 2011 and prices would begin to pick up in mid 2012. I may have been premature. With resets peaking in mid defaults will probably peak in early Q4 2011; this means foreclosure listings will peak in mid-summer 2012, after the peak selling season, not good for managing down inventory. Assuming demand picks up - a near heroic assumption at this time as interest rates will be higher and unemployment could be the same or higher at that time - you will start to see inventory declining in a meaningful way until 2013 at the earliest.

    I have focused on supply - was I too cavalier about demand? Well, that is more problematic - resets, defaults and foreclosures are fourth grade math and although the only thing I knew about housing was my own mortgage before this mess started, I can do fourth grade math and every forecast I have made about foreclosures and inventory has been right within a 30-45 day period.

    Using fourth grade math as our primary tool does have value in estimating demand. Roughly 40% of demand in the peak year - 2006 - was sub-prime or near sub-prime - and these buyers are out of the market for a considerable period of time. And a very large percentage - some analysts estimate as high as a third - of all sales were for investment and second homes. Most of this demand is gone for the foreseeable future. Add tightening credit standards, recession ravaged incomes and personal balance sheets, and a new frugality and it is hard to see demand in 2013 or 2014 climbing past 50% of demand in 2006. Even if the FHA does not go bust - which it will, requiring another Treasury bailout.





    funny
    09-30 05:58 PM
    please forgive my ignorance and I have asked this question 2-3 times on this thread itself.

    Do you think if Obama comes into power then all the people who are waiting for GC under employment based GCs will loose thier current applications and will have to start all over again in the new Point based system or the new point based system would only be for new applicants? It might very well be possible that Obama campaigns for Recapturing the lost visas and reducing the current backlog quickly so that the new process can be in placed quickly...I doubt that all the pending applicants will be asked to join the new point based queue, because no one would be willing to do it and a lot of people will be going back to thier home country and there would be a lot of crisis specially in IT as he is also campaining for Less H1B, so companies will not be able to hire new H1B.

    Please clarify.
    ^ BUMP^



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