Tuesday, July 12, 2011

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  • coopheal
    07-15 07:16 AM
    I would like to first applaud Pani for this effort. I strongly support his initative. I think his letter is original and from his heart. It is more authentic and human than what some on this forum are suggesting here. I think his gut feeling on this one is more important than the calculated steps IV has been taking so far.
    These kind of authentic letters from members like pani would give IV a more strong foundation to focus their energy. I think all those who want to write letters to the President, Senator, Congressmen, USCIS, DOL, DOS, DOJ, etc should do so and also should write the letter on their own instead of copying one. The reasons, sentiments and purpose will add more flavour to the whole thing. I would go one step further to suggest that some should write the letter in Spanish, French, Mandarin, Hindi, Urdu, etc, etc, if they think that they can express themselves better in their own language.
    Pani once again I would like to say that you are doing the right thing.

    PS: When the ship is sinking everyone wants to escape but the one who is aggresive to save himself has more chance of living than the other who is waiting for someone to save him.

    Best luck for this.

    Hope you have been contributing in past and continue to contribute in IV efforts. If havent think why you didnt yet.





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  • pns27
    07-14 02:22 AM
    Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

    Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

    Hi kutra,

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

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

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

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

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

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

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


    I agree with you on your statement below, and I feel the same way. Looks like if either Eb2 or EB3 is mentioned in a thread it turning into a bad arguments between EB2 and EB3 hope this ends soon.
    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.





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  • sanju
    05-16 11:26 PM
    Looks like, the letter sent out to India based business houses by the US senators has surprised the Commerce minister of India, Kamalnath. He is going take this up with US in the global trade meet at Brussels.

    http://timesofindia.indiatimes.com/Kamal_Nath_surprised_on_H1-B_visa_issue/articleshow/2055323.cms


    Kamalnath will do us all and the 9 companies a great service by staying out of this debate. He has already contributed by making "ignorant" statements like 'H-1B is a outsource visa". This guy has no clue about the issue at hand and he simply talks in broad strokes. If he jumps into the debate, that could be the last straw to break the camel's back. We will all be better off without him.





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  • alterego
    07-13 02:18 PM
    First off, we are here to get our GC faster so the effort is commendable.

    However, I was also wondering about the old interpretation of the law. After the EB2-ROW numbers fall through to EB3-ROW and presumably make it current, the excess numbers go to EB2 China and India or does it go to EB3 China and India? Glad that someone else also caught this.

    In the old interpretation after EB3ROW, it would be EB2C and I and then finally EB3I.



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  • desi3933
    08-06 10:47 AM
    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    ....
    .....



    Just FYI..

    One can NOT claim PD recapture based on spouse's earlier PD.

    Person can claim earlier PD only based on his/her earlier approved I-140.


    ______________________________
    US Permanent Resident since 2002





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  • gc_chahiye
    08-14 08:49 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?

    UN can correct me, but I believe upto 180 days of out of status is automatically pardoned in EB-AOS cases. Since yours is within that limit, you should be ok.



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  • number30
    03-26 04:48 PM
    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    We had similar case. It was in 2002. Company was ready to issue another future offer letter. Local USCIS office at Buffalo NY did not agree to continue process. They said job offer is gone the I-485 is gone and has valid reason the denial. They asked my friend to refile I-140 and I-485.





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  • Administrator2
    04-08 07:22 AM
    I might be interesting to check with a lawyer whether:

    H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?

    We have already checked with an attorney before posting this thread. You are welcome to check with an attorney and post your attorney's opinion here, for other members.



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  • mirage
    08-05 07:34 AM
    You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...





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  • sanju
    04-07 11:55 AM
    Like me, there may be many IV members who work at a place where there are small fraction of employees on H1. As an example, where I work, out of 70 employees 3 employees are on H1b, including myself. With this proposed bill, each such employer runs into the risk of being picked up for investigations and audits. If the employers have to go through the hassle and inconvenience of federal investigations from two federal agencies, I am not sure how many employers will continue to keep employees on H1. So this bill will not just hurt the consulting company employees, but it could potentially cause lot of problems for other employers too.



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  • GCmuddu_H1BVaddu
    01-03 09:57 PM
    But the point is, these cockroaches came to Mumbai from Pakistan are fed by ISI, don't you still realize. In what language do you want to hear?



    What apology?
    If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.





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  • raj2007
    04-07 11:39 PM
    Desis who come here are all engineers and well educated. I couldn't believe that some of them are falling for the realtor tricks. I know someone who last year paid 200K more on an advertised price of 1million. He said the realtor told him that there was bidding war and he kept rising it and eventually got the house for 1.2million. What stupidity. Doesn't he know about phantom bids that realtors use to jack up the price.:( This is last year end when housing here started crashing. I asked him how he is going to pay when his arm resets. He says he will refinance. God save him.

    They are well educated but not street smart. Realtors are same everywhere and they know, how to misguide.



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  • gc4me
    08-11 04:26 PM
    After digging to a depth of 100 meters last year, Russian scientists found traces of copper wire back 1000 years, and came to the conclusion that their ancestors already had a telephone network one thousand years ago.


    So, not to be outdone, in the weeks that followed, American scientists dug 200 meters and headlines in the US papers read: "US scientists have found traces of 2000 year old optical fibers, and have concluded that their ancestors already had advanced high-tech digital telephone 1000 years earlier than the Russians."


    One week later, the Indian newspapers reported the following: "After digging as deep as 500 meters, Indian scientists have found absolutely nothing. They have concluded that 5000 years ago, their ancestors were already using Bluetooth and Wireless technology."





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  • sumanitha
    01-07 06:23 PM
    Dear Rayyan..

    I dont know if you are a male or a female...

    One thing you need to know is there is no wrong to worship male's organ.. If that doesnt work.. no matter what.. your l(w)ife is sucked..

    Hope you understand what I mean..

    Oh ya!!!,
    I know you worship shiv ling a MALE ORGAN !!!!!!!, a rat, elephant face, tree, stone ,snake , etc. Common man look at your religon self first before pointng others......



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  • lfwf
    08-05 03:53 PM
    If that's the law then there is not much of a debate here!

    I think admin should close the thread as the point of a lawsuit is moot.

    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.





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  • delax
    07-14 10:14 AM
    Eb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy. I have contributed in each of IV effort knowing fully well that Eb3I is not going to be benefited by the effort. Still someone was getting the benefit. Now if EB3I want to do something, what is the issue? If a person from Eb2I with PD of 2006 feels that the reason behind efforts taken by a EB3 I person with PD of 2001/2002 is jealousy, then the EB2I person is being very narrow in his/her thinking. It should not take a huge amount of brainpower to realize the frustration and sadness the EB3 I person would be feeling. Irrespective of this I think a lot of people who contribute to IV campaigns are EB3I.

    Everyone irrespective of what category he or she is would very easily realize that Eb3I needs help, else it is going nowhere. By reading comments in this thread, my fear is coming true that the help needed may not come from IV. Once all EB2 people get their GC, there would be no further fight for EB3.

    Sure EB3-I needs help, but if the help is in the form of taking numbers away from EB2 and giving them to EB3 just based on the length of wait, then I have my serious objections to this proposal. I have said openly that I will object to it - I have never seen a post that says plainly - Yes EB3-I is stuck for 7-8 years and therefore they want numbers from EB2 because EB2 has moved ahead by 2 years. The irony is that all earlier posts imply this and talk about this request for handover in a very general way (75/25 break up, recession, lawyer input, etc).

    Visa recapture, country cap elimination is where the solution lies. That is the REAL help that EB3-Retro wants. Any short term fix purely out of sympathy, empathy, humanity, kindness is not recogniszed by law.

    I know people will pile on for speaking plainly and in a matter of fact manner, but I am amazed at the innuendo, implications and lack of straight talk.



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  • file485
    07-08 07:56 PM
    Assuming your husband is here from 2000, they are asking for 7 years, i.e. 12 * 7 = 84 months of paystubs? This is ridiculous. How many people keep paystubs from 7 years ago? Infact in those days paystubs used to have their social security numbers on them, they should be shredded, atleast that's the common advice.

    pls dont give wrong info..

    paystubs..W2's, tax returns r the most imp documents..especially for souls like us with employment based immigration..





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  • NKR
    08-05 08:37 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?


    Were you aware of each and every rule in the immigration law book before you applied for GC?. Did you foresee this delay before you got into this mess?.

    Shouldn't you have been aware of this option of EB3 people converting to EB2 and accounted for that when you filed your GC?. Aren;t you blaming your hardship on EB3 people and getting mileage out of it?.





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  • alterego
    09-27 09:04 PM
    The Nov. bulletin will very much depend on whether the USCIS has completed their inventory evaluation process or not. If not then it will be a reprint of the Oct. Bulletin, if they have then I anticipate good EB2 I movement and fair EB3 I movement. EB3 ROW should see more gradual movement.





    rinku1112
    12-30 09:25 PM
    The Pakistani security establishment believes, and there is probably some truth in it, that India is already supporting groups that are trying to destabilize Pakistan. And because of that, they view India as an existential threat to Pakistan, and justify their own activities.

    Its quite a vicious circle.....

    It would be a viscious circle if prime tragets inside Pakistan were being attacked 'visciously' by militant groups enjoying 'moral & political' support from India. Is there a militant group worth its 'Jahadi' salt inside Pakistan that enjoys this 'moral & political' support from India now? Either the Indian side is doing a very poor job of covert ops or not doing anything at all. There is almost no cost to Pakistan from India from Proxy war. I am suggesting increasing the cost for Pakistan and/or anti-Indian groups/institutions inside Pakistan for such attacks in India.

    This proxy war (or viscious circle) is almost exclusively being fought on the Indian soil now. All I am saying is move the center of this viscious circle to Paki soil rather than fight it out on Indian soil.

    But I agree that this thread is irrelevant to this forum and I apologize in advance for perpetuating this thread. My last post here.





    Macaca
    04-08 07:55 AM
    Some paras from Big money creates a new capital city (http://blog.washingtonpost.com/citizen-k-street/chapters/conclusion/index.html?hpid=topnews), By Robert G. Kaiser.

    The upward arc of his career also delineates the way money has altered Washington during the last three decades. Money has transformed American politics, the career choices available here and even the landscape of the nation's capital. Raising money has become a key to electoral success, while spending taxpayers' dollars has helped incumbents get reelected.

    Cassidy helped change Washington by shaping the culture of congressional earmarks that became so important in the last dozen years. Earmarks directly transfer the government's money to particular institutions and interests. He and his original partner helped invent the idea of lobbying for earmarked appropriations -- an idea that made Cassidy rich and fed a system of interdependence between lobbyists and Congress that thrives today.

    In a blog he launched this year on his company's Web site, which he used to respond to installments of this series, Cassidy offered a warning about the future of lobbying: "Our profession is at a critical point where we can either embrace the constructive changes and reforms by Congress or we can seek out loopholes and continue the slippery slide into history along side the ranks of snake oil salesmen."

    The first lobbying firms were established in the mid-'70s, just when Cassidy left McGovern's select committee on nutrition to begin his lobbying career. As the reach of the federal government extended into more corners of American life, opportunities for lobbyists proliferated. "The issues have multiplied," as Cassidy put it. Over these three decades the amount of money spent on Washington lobbying increased from tens of millions to billions a year. The number of free-lance lobbyists offering services to paying clients has grown from scores to thousands. Cassidy was one of the first to become a millionaire by lobbying; he now has plenty of company.

    The term "lobbyist" does not do full justice to the complex status of today's most successful practitioners, who can play the roles of influence peddlers, campaign contributors and fundraisers, political advisers, restaurateurs, benefactors of local cultural and charitable institutions, country gentlemen and more. They have helped make greater Washington one of the wealthiest regions in America.

    During his time in Washington, Cassidy said in one of many interviews he gave for these articles that the United States has experienced "a huge redistribution of income, and you can't blame just the Republicans, because it has happened through Democratic presidencies, and through Democratic and Republican congresses."

    So the rich have gotten richer, the weak weaker? "I refuse to argue the obvious. ... It's just true, largely because they have less representation. You look at the movements out there, there is no anti-hunger movement, there is no committee on the Hill looking into poverty." Representation, of course, is Cassidy's line of work. It is as old as the republic, but only in Cassidy's time has lobbying become the biggest Washington industry.

    This happened because lobbying works so well. Cassidy and his original partner, Kenneth Schlossberg, demonstrated its efficacy by devising ways to win earmarked appropriations from Congress for their clients, originally colleges, universities and medical centers. As Cassidy's clients began to win appropriations of $10 million, $15 million, $20 million and more in the 1980s, new lobbying firms emerged to compete with Cassidy. An increasing number of institutions and local governments looked for help to win earmarks of their own. The lobbying boom had begun.

    Incumbent members of the House and Senate complain that they have to spend a third or more of their working hours raising money for their next elections. To help with this task, lobbyists have become campaign treasurers and fundraisers for members and have been responsible for scores of millions in political contributions.

    Cassidy understands the low regard many Americans have for his profession but thinks it is unfair. "Lobbying is no more perfect than is the practice of law or the practice of medicine," he observed -- implying that it is no worse, either. He prides himself on his firm's "tradition of ethics and integrity," trumpeted on the firm's Web site. Since 1988, Cassidy's lawyers have given his employees annual ethics seminars.



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