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  • waitnwatch
    08-05 07:28 PM
    I had tried to frame the debate in my previous post which is quoted below. Never received as much as a yay or nay from anyone. On the other hand there are enough folks with a lot of bluster and rhetoric to keep the storm in the teacup going.

    It should be obvious that the USCIS doesn't make changes because we spit fire on this forum.

    That is exactly why we would be better of trying to use this forum for honing our arguments instead of punching imaginary bags and getting all riled up.

    This is probably my last post on this topic but I'll sure be visiting to enjoy all the shouting and screaming!

    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

    Here's the logic behind this debate as I see it (not that there is much logic in the way the immigration laws/rules are framed)

    A person with a Master's or a PhD has spent 2-3 or 5-6 years respectively to get their degrees but do not get a priority date reflecting that time spent on acquiring the qualifications.

    On the other hand a person with a bachelors who gets 5 years experience can port their priority date while moving from EB3 to EB2 thereby getting credit for time spent.

    Porting is law while the Bachelor+5 is due to some memo. This memo does not take into consideration the above inconsistency and therefore this debate.

    I hope this sounds logical to atleast some of you folks.




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  • anandrajesh
    03-24 11:17 AM
    UN - I don't think people who indulge in fraud or use wrong route, go to Senators or Congressmen - rather they want to stay unnoticed. Most people who lobby - lobby for a better system.
    No one is taking on or poking at USCIS.


    Its a problem when we dont speak out on our issues - nobody understands our pain

    Its a problem when we speak out on our issues - USCIS is offended that we have issues and wants to come hard on us.

    What do we do? I am fine with USCIS rejecting or approving my application but reject it or approve it without putting me on hold for 10 years. Is that too much to ask?

    It is the resume fakers and document fakers and the rule breakers who should be afraid of reaching out to people. The reason why we are in the mess is because of the greedy employers and ignorant and equally greedy employees. Corporate Greed brought America down.




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  • mariner5555
    04-09 07:29 AM
    We've met with a lot of law makers and their aids, and really the housing down turn is not an argument for GC that is productive to use. If I get 30 minutes with a law maker's aid, each minute is valuable I can muster many more compelling arguments in that time.

    So to answer your question: yes IV has considered this, but only for about 2 seconds. It is something that is not worth raising with law makers or media.


    o.k. ..Thanks.
    In that case, I honestly don't know why a lawmaker would care much about faster GC processing. if I was a lawmaker and someone comes to me complaining about USCIS - I would think in my mind "hey that is the system ..live with it". I would think the lawmaker would be thinking about other things (like having fun :-)) ..or taking care of the lobbyists who give them donations.
    ..I guess the only other hope would be if other countries in europe start giving super fast blue cards and the talent starts to go there. unless there is urgency the system will never change. even the namechecks were relaxed because of lawsuits.
    I guess the only silver lining is that I will continue to rent (become richer ;-) and have fun while watching the home prices go down and down)




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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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  • dealsnet
    01-08 01:15 PM
    Read their explanation, Rayaan, regugee_new are upset about the Mumbai tread. It means what??. Need a teacher or preacher to interpret it??
    We can understand what they mean.

    dealsnet,
    I am just quite spectator , but could not resist to respond you on this ... I don't see any "Support" for terrorist or Mumbai attacks posted by Rayyan.
    PLEASE Stop making assumptions,Dude.
    As Bfadila said, you have serious language comprehension issues....




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

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

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

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

    Irrational passion calls for dispassionate rationality.



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  • gccovet
    08-05 04:10 PM
    WOW!!!!!!!!!!Rolling_Flood will be ROFLOL!!!!!!
    What a waste of time, folks!!!!




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  • gsc999
    05-31 07:45 PM
    CNN is taking a big chance by trying to be like FOX. CNN will continue to loose viewership with such economic/ social/ culturally xenophobic news reportage.

    American Senate did a great job by being so unyielding to the protectionists.

    At the same time it is interesting to note the perceptible loss of self-confidence in this protectionist lobby. Are we witnessing a paradigm shift in America? Capitalism takes back seat and the country becomes more socialist like western European contries e.g. France and Germany. With the loomimg baby-boomer retirement a couple of years away this might very well be it.

    Globalization trend will intensify. China and Taiwan are already the manufacturing hubs of the world, couple of more years of such unfair treatment of trendsetting immigrants in US and its all history for the knowledge workers here. Former communist countries like Russia and China become truly Capitalist while America becomes socialist driven by the likes of Lou Doubs who is couching his real agenda behind a facade of being a middle-class messiah.



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  • rockstart
    07-14 09:24 AM
    A guy who filed his labor in say 2001 and it took 3 years for that labor to approve should he complain that after PERM guys got labor approved in 2-3 months and in some cased even before him. Should we complain USCIS / DOL for improving the system? Guys just because your Lawyers asked you to file EB3 does not make things right. Why did you agree on EB3? if you were so convinced that you qualified for EB2 you could have taken the matters to your boss and upper management in your company? If you did not get juistice then you could have quit that company and joined another organization that was ready to recognize your talents? All phani_6 wants is a cake and eat it too. This is not possible dude this letter in its present draft is a laughing stock. Make it factually correct and this will make entire IV community support it regarless of Eb2 or Eb3.




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  • nogc_noproblem
    08-07 03:40 PM
    George Bush: When you rearrange the letters: He bugs Gore

    Dormitory: When you rearrange the letters: Dirty Room

    Desperation: When you rearrange the letters: A Rope Ends It

    The Morse Code: When you rearrange the letters: Here Come Dots

    Mother-in-law: When you rearrange the letters: Woman Hitler

    Snooze Alarms: When you rearrange the letters: Alas! No More Z's

    A Decimal Point: When you rearrange the letters: I'm a Dot in Place

    The Earthquakes: When you rearrange the letters: That Queer Shake

    Eleven plus two: When you rearrange the letters: Twelve plus one



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  • mariner5555
    03-24 04:03 PM
    I live in NJ close to the cherry hill area and i am looking to buy only in Burlington county. I have been living here for about 9 years now and so far haven't thought of investing here. I invested in india and the investment appreciated 4 times or more so i am happy about the decision. I actually needed a bigger place now and i am not seeing that as a investment but if it turns out that way that's fine with me. I just wanted to find out what are people's experiences with the house escpecially for those who are under H1/EAD.
    came across nice comments about NJ - comments from the people were more interesting than the article itself - one of them mentioned NJ and hence am posting it. The comments below are from other people (not mine) --it gives you an idea as to how Americans feel about housing
    -----
    can tell you in NJ, first time buyers are still screwed and stand no chance of buying right now. Let me set the scene for you. I just turned 25, I made $70k last year ($60k salary $10K bonus), I have 0 credit card debt and have never paid a cent of interest on a credit card. I have no student loans and a finished paying off a car loan in 2.5 years. I have $40k in savings and get an additional 10% of my income put in to a SEP IRA at year ($7k last year, $13k total). I would say I'm doing alright for only being in the workforce for 2.5 years, and I still have to live with my parents. Home prices here are unjustifiably high. On top the ridiculous home prices, I have to figure in the MINUMUM of $500 a MONTH in property taxes due to the complete ineptitude and corrupt nature of my state's government (if you want a never ending source to write about, this would be the place). The AVERAGE property tax in NJ is $6,800/year = $566/ month. Looking at a condo also doesn't work because you can't find a place with association fees of less than $250/month, so no point in paying a lower price for a condo. The ones that are still nice w/ 2 br. & 1 bath list for $300k. Between fees and taxes, you are down $700/month and haven't even gotten to your mortgage yet. I have no choice but to wait and HOPE the economy continues to crumble, while hoping that I stay employed throughout the whole ordeal. All of these action the Fed and the Gov't are taking to soften the blow are doing nothing but screwing me and other first-time buyers. They should just let the bottom fall out already so that people my age can even have a chance to survive on our own.
    -------
    Buy a house and watch the value continue to tank for the next five years....I'm sure all first time buyers are thrilled at the prospect of being "upside down" in their first mortgage. Also, Fed rate cuts also don't always translate to better mortgage rates. Lenders aren't thrilled about locking buyers into fixed low rates.
    -------

    Housing prices double in less than 5 years. Then they go down about 10% such that in the last six or seven years, prices have gone up only 80%. So now houses are suddenly a bargain because they aren't quite as overpriced as they were last year? That's like my neighbor joking that gas prices are cheap when they go below $3 a gallon. Houses have a long way to go before they are a good value. You are much better off renting from someone who is desperate to not sell their house for a loss. After a year of renting, you can get that house for less than today's cost plus a year of rent. Oh, and one other thing. Get a 30 year fixed loan with the lowest rate you can find. Make sure you pay attention to the fees, so you are covered there. Go through the process with at least two separate people, so you can easily switch when one tries to screw you. The last thing you want is an ARM when interest rates are sure to go up when the screaming about inflation reaches Washington DC.
    ---------




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  • aachoo
    03-24 02:21 PM
    I'm sure you meant Larry David ;)

    I am not sure which season this was from. If it was before season 7 (?) I bow to your superior knowledge.
    -a



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  • akred
    06-20 12:22 PM
    2. Taxes - If you've AGI above 300k, buying house is one of the few options left to reduce your tax bill

    Yes, but you do not have to buy it within the US.




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  • Macaca
    02-17 02:33 PM
    American Civil Liberties Union (ACLU (http://aclu.org/))
    Center for Responsive Politics (CRP (http://www.crp.org/))
    CompeteAmerica (http://www.competeAmerica.org)
    Coalition for Comprehensive Immigration Reform (CCIR (http://www.cirnow.org/))
    Essential Worker Immigration Coalition (EWIC (http://www.ewic.org/))
    Immigrants' List (http://immigrantslist.org/)
    National Council of La Raza (NCLR (http://nclr.org/))
    National Foundation for American Policy (http://www.nfap.com/)
    National Immigration Forum (http://www.immigrationforum.org/DesktopDefault.aspx?tabid=732)
    National Immigration Law Center (NILC (http://nilc.org/))

    U.S. Chamber of Commerce (http://www.uschamber.com/default)



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  • chanduv23
    03-24 03:15 PM
    [QUOTE=ganguteli;329173]Unitednations,

    Ganguteli, it seems you are confusing two things at the same time.

    What USCIS is now doing is going by the strict interpretation of the rule and when they start doing that lots of cases that fall in the gray area and were ignored in the past are now being looked into more closely. I read in one of the forums that an applicant�s 140 was rejected because in an H1 which he applied in early 2000 he had a different job description of an earlier job than the one he had on his 140 Petition. Who would have thought that USCIS would ever go back and pull out a resume from an application that was filled for H1-B in 2000 and compare the resume for 140 you are filling in 2009. In the last few years USCIS has spent a lot of money on technology. They I believe have scanned all the past applications, which can now be linked to all your immigration benefits you are filling for. It�s become a lot easier for an IO to pull out all the past information- like all your H1-B petitions, your 140 petitions today if they wish too when you apply say for an EAD renewal. The sad fact is that USCIS is a blackhole where they can sit on your application for years or decades while you suffer while you cannot do much. Yes you can go to a senator/Congressman or write letters, but if your application is pending with a smart IO who did not like your complaining to the Senator, he can make your life difficult by asking documents after documents before making a decision on your application, while the senator cannot interfere with the process. Welcome to the world of bureaucracy.

    It all depends on the IO who deals with your case.

    We can find tonnes of discrepancies if we want to with any case.

    Most of us here discuss consulting companies - but it is just not consulting companies that are suffering. Sometime back, TSC changed its original interpretation that MBBS is equivalent to masters degree and denied EB2 140s for Physicians from India. This has been or is being corrected.

    I had been doing some enquiring about h1b visas for physicians - and figured out that there are now a lot of issues - especially on interpretations of offer letter, type of institution, kind of work etc and a h1b petitions are also being denied for Physicians - and once again Attorneys are handling these issues.

    It is obvious that things are tightening up. So one must be potentially ready to face challenges and overcome them




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  • Macaca
    03-27 08:14 AM
    Lobbying Is Lucrative. Sometimes Very, Very Lucrative (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/26/AR2007032602027.html), By Jeffrey H. Birnbaum, Tuesday, March 27, 2007

    Lobbyists, as they say, make the big bucks. That's why so many lawmakers, congressional staffers and political appointees move downtown when they leave government.

    So just how lucrative is it? Well, pretty lucrative. According to new data from the Center for Responsive Politics, 22 clients paid $1 million or more in lobby fees to individual lobbying firms last year.

    Three of the biggest payments went to the usual suspects: Patton Boggs, Hogan & Hartson and DLA Piper -- all major law firms. But two of the top five recipients were small shops you have probably never heard of: Canfield & Associates and New Frontiers Communications Consulting.



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  • rimzhim
    02-02 01:23 PM
    this info is for lou dobbs and he can search for this information in Wikipedia, the free encyclopedia (for all the middle-class that can get free information, most likey coded by an H1B)

    [edit] Taxation status of H-1B workers
    H-1B workers are legally required to pay the same taxes as any other US resident, including Social Security and Medicare.[2] Any person who spends more than 183 days in the US in a calendar year is a tax resident and is required to pay US taxes on their worldwide income. From the IRS perspective, it doesn't matter if that income is paid in the US or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other US resident. In some cases, H-1B workers pay higher taxes than a US citizen because they are not entitled to certain deductions (eg. head of household deduction amongst many others). Some H-1B workers are not eligible to receive any Social Security or Medicare benefits unless they are able to adjust status to that of permanent resident.[3] However, if their country of citizenship has a tax agreement with the United States, they are able to collect the Social Security they've earned even if they don't gain permanent residency there. Such agreements are negotiated between the United States and other countries, typically those which have comparable standards of living and public retirement systems
    Lou knows it all; he knows it is the L-1 visa holders and not the H1B visa holders. But his viewers know what H1b is and have never heard of L1. So it helps him to cite H1B. He has shown "figures with 0 tax returns" on his show at times; they are from ppl who are now on H1B but were on L-1 in the past when they submitted the 0-tax returns.




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  • singhsa3
    10-01 05:10 PM
    God knows what in store for us. Nothing except our determination is in our favor.




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  • ilwaiting
    04-09 08:47 AM
    This affects everyone. No one on H1B is left out. Just because one has a Perm-Fulltime job now doesn't mean he/she is safe. With Gc's taking so long, At some point during their H1B period they would have to move to a new company. They would not be able to transfer. Everyone please oppose this Bill.

    Tougher laws need to be brought in to stop abusing the program, but this bill is in its extreme and must be opposed.

    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.




    conchshell
    08-05 06:10 PM
    In a poor zoo of India, a lion was frustrated as he was offered not more than 1 kg meat a day. The lion thought its prayers were answered when one US Zoo Manager visited the zoo and requested the zoo management to shift the lion to the US Zoo.

    The lion was so happy and started thinking of a central A/c environment, a goat or two every day and a US Green Card also.

    On its first day after arrival, the lion was offered a big bag, sealed very nicely for breakfast. The lion opened it quickly but was shocked to see that it contained few bananas. Then the lion thought that may be they cared too much for him as they were worried about his stomach as he had recently shifted from India.

    The next day the same thing happened. On the third day again the same food bag of bananas was delivered.

    The lion was so furious, it stopped the delivery boy and blasted at him, 'Don't you know I am the lion... king of the Jungle..., what's wrong with your management?, what nonsense is this? Why are you delivering bananas to me?'

    The delivery boy politely said, 'Sir, I know you are the king of the jungle but ..did you know that you have been brought here on a monkey's visa!!!

    Moral: Better to be a Lion in India than a Monkey elsewhere!!!

    Now worst thing is that Lion can not change his job profile till he gets the green card. He will be forced to act like a monkey so that it matches with his monkey job profile mentioned in his PERM application. All he can hope for is to invoke AC21 after couple of years to join a new zoo, that too on a similar job profile. :D:D Gurus what are the Lion's options at this point of time?? :D:D:

    Irony is that if our Lion stays in USA on monkey visa for couple of years, and finally goes back to India, his Lion skills will be obsolete, and Indian zoo's will not entertain a Lion acting like a monkey. Our poor Lion is totally doomed. :D:D




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

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

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

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


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

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

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



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