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  • Rolling_Flood
    07-14 02:28 AM
    Dude, you are one confused person.........whats the point here??
    EB-3 India is somehow "special" and all you whiners in EB-3 India should get your GCs before EB-2 folks becuase blah blah blah........WHAT???

    are you insane?? you make no sense in your argument.

    Numbers fall as EB1--> EB2 --> EB3.

    Dont like it, go get an education and/or an EB-2 level job. Else shut up. You have nothing to say.



    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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  • GC_Applicant
    04-09 01:05 AM
    Thanks for the info. Did you enquire about FHA loans., and how hard or easy it is to get.





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  • delax
    07-13 09:43 PM
    you did not get my post...last thing we want is silly argument regarding EB2 and EB3................

    me neither. Pl read this post of mine:
    http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

    Some people dont seem to get the intent.

    Irrational passion calls for dispassionate rationality.





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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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  • 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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  • Macaca
    11-29 08:39 PM
    Trade groups question new lobbying law (http://thehill.com/leading-the-news/trade-groups-question-new-lobbying-law-2007-11-28.html) By Jim Snyder | The Hill, November 28, 2007

    Trade groups like the U.S. Chamber of Commerce say a new lobbying law could require the release of their member lists, violating freedom of association protections granted by the Constitution.

    The Chamber, the National Association of Manufacturers (NAM) and the American Society of Association Executives wrote Senate Secretary Nancy Erickson and House Clerk Lorraine Miller on Wednesday asking for clarification in how the new law will be applied.

    The potential problem relates to a section in the Honest Leadership and Open Government Act of 2007 that would impose new lobbying disclosure rules.

    The trade groups said Congress wrote the section of the law to shine light on so-called �stealth coalitions� that often use innocuous-sounding names to anonymously represent specific industries.

    But the imprecision of lobbying definitions in the law could mean disclosure requirements would fall on a variety of trade groups, the groups said in the letter.

    Groups that fail to accurately disclose their lobbying activities now will face criminal penalties, the letter also notes.

    �The price for being wrong is extremely high,� said Steven Law, senior vice president and chief legal officer for the Chamber.

    The letter was signed by Law; Jim Clarke, senior vice president of public policy for the American Society of Association Executives; and Jan Amundson, senior vice president and general counsel at NAM.

    The lobbying law, passed in response to scandals surrounding Jack Abramoff and ex-Rep. Randy �Duke� Cunningham (R-Calif.), would require disclosure of any organization or entity that �actively participates in the planning, supervision, or control� in lobbying activities and contributes more than $5,000 per quarter for those efforts.

    The �breadth and vagueness of the provision� require further clarification in how the new law will be applied, the letter stated.

    The groups noted Supreme Court rulings that they say prohibit the government from forcing groups to disclose their membership without a compelling government interest in doing so.

    �We take seriously the constitutional rights of our members to associate freely without government looking over our shoulders,� Law said.

    Brett Kappel, a campaign finance and government ethics lawyer, said Congress wrote the provision to target ad-hoc associations that are formed to lobby on a particular issue.

    �These typically spring up when there is legislation that would have a major economic impact on a small number of companies from a specific segment of the economy. That�s when they form the Coalition for Apple Pie and Motherhood and lobby against it,� said Kappel, who practices at the firm Vorys, Sater, Seymour and Pease.

    The new law �wasn�t designed to get at trade associations,� he said.

    Law said the lobbying law gives the clerk and the secretary broad powers in implementing the new requirements. He said he expected further guidance from those offices by Dec. 10.



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  • GC_Optimist
    12-26 06:57 PM
    There was news about CIR on CNN. and according to Senate Majority leader Reid . Democrats have been voted to
    pass CIR . Kennedy was working on this and it would be discussed as a priority.
    Democrats are hoping for support from President on this.





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  • brshankar
    08-06 10:24 AM
    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?



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  • sanju
    05-16 10:47 AM
    :p :p I like this most. Lets move on...

    It appears that some of us are mad at our employers and there can be several reasons –
     We think we are “high-skilled” and deserve more even though we are spending most of our time at work on IV forums
     We think our employer is taking advantage of our situation and if we had green cards we would have taken over the crown from Bill Gates and Warren Buffet
     And so on….

    For some of these reason, we are faulting everybody around us, our employer, companies not our employers, consulting companies/body shopper, other H-1B applicants, L-1 applicants, people who come on B-1, companies like TCS/INFY/SIFY etc. And there seem to be this idea that if a bill is passed to harm consulting companies or body shoppers or companies like TCS/INFY/SIFY, then somehow that is my gain because I am suffering because of these guys. Consistently, I have seen this argument on the forums, but somehow I am not convinced that these guys have to lose something before I could get what I want.

    IEEE-USA, Ron Hira et al has problems with us if educated/skilled/talented people come here on H-1/L-1. So that’s why they oppose any increase in H-1. These guys have a problem with us if we apply for green card and that is why they did not include a single provision in Durbin-Grassley bill to fix the green card backlogs. In fact they are making sure that people waiting for green card will have to somehow leave the country. These same guys at IEEE-USA have a problem if we choose to go back to wherever we came from and we decide not apply for green cards. In this scenario they say that we are promoting outsourcing because we are returning to the country we came from. And if we never ever chose to come here at all, these guys simple say that we are still taking their jobs because we are the people on the receiving end of the outsourcing. So either way you look at it, these guys are simply out there to screw us. The bad thing is they are organized and we are not. And the worst thing is we have guys like Senthil1 on this forum who thinks that by some how causing harm to consulting companies/body shopper/companies like tcs, infy etc we are making up for our delays in the green cards. And I just find this argument very very bizarre. No offense to anyone, but just wanted to clearly say that Durbin-Grassley bill is not designed or intended to help anybody on H-1/L-1/green card applicant, directly and indirectly. In fact, in the long term, I do not know who is getting the benefit from Durbin-Grassley bill other than the BPO companies in the other countries.





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  • sayantan76
    01-11 03:48 PM
    I don�t agree with your argument. Who is holing up the innocents..? Hamas using the kids and civilians as human shield. I also don�t consider the civilians as innocent there. They are whole heartedly support and elected Hamas -the terror organization. They are the one poisoning the kids with hatred. But I feel very sorry for the kids and the developments are very much disturbing.

    The Hamas, Hezbollah, Iran and Syria � the devil�s club will never achieve their goal � wipe out ISREAL from the map. ISREAL is IS REAL and this mullahs needs to understand that.
    we should be careful here - there is a thin line between terrorism and legitimate freedom struggle....also - the classification may very well vary based on which prism are you looking through.....for example - Bhagat Singh and the likes were considered terrorists by occupying British colonial power but were considered revolutionaries and freedom fighters by the Indian masses.....how can we say that the Indian Freedom Struggle was any more just and legitimate than the Palestinian desire for self governance...

    Another example - were the Mughal rulers in medieval India an occupying invader or were they populist rules loved by the masses? Based on how you answer this question - Chatrapati Shivaji either becomes a glorious Maratha freedom fighter or a terrorist leader....

    On the current situation - Hamas fighters live in a densely populated area....so of course - there are civilians there - what do you expect - Hamas would say - Israel is coming to fight us - lets find some sort of Panipat (check battles of panipat on wikipedia for those who dont know) or Kurukshetra (check Mahabharata on wikipedia) where we can fight Israelies in a vast unpopulated area - Israel is the invading army here - they have chosen to fight in densely populated areas - Hamas is merely responding....

    One of the newspapers today suggested that Hamas has booby trapped Gaza and thats causing problems for Israeli army and somehow Hamas is wrong in doing so - guys what do you expect - Israelis would be welcomed with garlands in Gaza? If some armed enemies were attacking your home and you knew you did not have the might to directly face them - wont you try every underhand tactic in the book to cause as much damage to the enemy as possible?

    While I am no supporter of Hamas or religious extremism - i think its important to study the Palestinian/Israel issue as an ethnic problem as opposed to a religious issue.... - holocaust was a terrible thing to happen but just because of the collective Western guilt conscience (of having done nothing to prevent Holocaust)- the Palestinian/ Israeli dispute has never been judged objectively and one side has always been given a long rope while the other has gotten the short end of the stick.



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  • Arjun
    07-14 08:35 PM
    I dont understand your argument, may be I misunderstood. Who will benefit from EB1 to EB3 spill over ROW or retrogressed countries. It likely EB3 ROW. So why EB3 Indian writing the letter? May be things should be more clear about what you want to achieve.

    The way it is working for EB2, it is going to work exactly for EB3.





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  • mariner5555
    03-26 03:34 PM
    I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago.
    I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
    Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
    Any thoughts/comments on my dilema?
    Perhaps someone can elaborate on why GC is a factor?
    Cheers.
    it depends on a persons risk amount - I guess. where did you sell yr house --was it for a loss ? maybe you are lucky to have sold it in last 2 months or something is not correct here.
    you can sell the house from abroad - but what if it does nt find a buyer for 6 months ..how do you make the mortgage payments.
    for me GC is important - for one - I don't have to worry about status / DHS .
    getting a job on GC is easier than on a EAD (u see some threads here already). on GC you can get a job is another field / part - time..without worrying about DHS / DL ..from abroad, I guess you give everything to a RE agent ..I can come up with tons of issues with it (but I know you will come up with counter explanations - so I won't bother). BTW I hope you are not a realtor right ?? some of desperate realtors do anything to convince people nowadays ..the latest I heard was telling me to buy before Hillary comes to white house ..with a mumbo jumbo explanation



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  • gapala
    12-24 08:54 AM
    Well said Sanju.

    These are those age old arguments that they lay down to justify evil acts. its rediculous





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  • BumbleBee
    03-24 02:41 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bac7d92e8003f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : What is an H-1B?

    The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty occupation or as a fashion model of distinguished merit and ability.

    As per USCIS, H1B is for temporary job



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  • nojoke
    04-08 03:33 AM
    No, I aint a realtor but just a savvy investor who is waiting for his GC and wants to make passive income. I dont suggest ppl to buy 3 homes. What I wanted to convey is that in my humble opinion, its one way to make money while you wait for GC. Be judicious and assume risk based on your tolerance levels. I felt that if I could present folks with real life examples of making money, thats a compelling statement,.

    And since Uncle Sam provides tax benefits that include interest deductions and capital gains waivers, its a very viable option.

    My point is, think of your home as an investment that also serves as a place to reside.

    Figuratively, this is like a Thanksgiving Day sale and the door busters are already gone!

    If I buy a house today and loose 100K in value each year for 2 more years, how is it a savy investment? Savy investors buy low and sell high. Unless you are saying housing is not going to fall further, I am totally confused how it is an intelligent investment. Nightmare stories of the savy investors are all over the news.
    If you want to debate that housing is not going to fall further, history is against you. There are housing bubbles in the past and they take years to correct. It doesn't happen in months. Has there been so much disparity between house price and income ever in history of US? Show me the proof why the prices would not fall further. Do you know what happened to the last housing bubble and how long it took to correct itself?
    Don't tell me this time it is different. It is probably different because a fruit picker earning 20K income was able to buy a house for 500K with no down payment at the high of the bubble. It will be different this time because it will be the worst housing bubble ever. Please don't mislead people with false hope. It is their hard earned money





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  • nogc_noproblem
    08-07 02:22 PM
    You Work in Corporate America If...

    You sat at the same desk for 4 years and worked for three different companies.
    Your company welcome sign is attached with Velcro.
    Your resume is on a diskette in your pocket.
    Your company logo on your badge is applied with stick-um.
    You order your business cards in "half orders" instead of whole boxes.
    When someone asks about what you do for a living, you lie.
    You get really excited about a 2% pay raise.
    You learn about your layoff on CNN.
    Your biggest loss from a system crash is that you lose your best jokes. :p
    You sit in a cubicle smaller than your bedroom closet.
    Salaries of the members on the Executive Board are higher than all the Third World countries' annual budgets combined.
    You think lunch is just a meeting to which you drive.
    It's dark when you drive to and from work.
    Fun is when issues are assigned to someone else.
    Communication is something your group is having problems with.
    You see a good looking person and know they're a visitor.
    Weekends are those days your significant other makes you stay home.
    Art involves a white board.
    You're already late on the assignment you just got.



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  • GCBatman
    01-07 04:11 PM
    "Refugee_New", dude I like your enthusiasm to answer not only one but many users at the same time but you may want to watch out for the red dots as well they are increasing like anything on your profile.

    To everyone,
    Peace Peace & Peace
    Once again I condemn all the acts that leads to the deaths of innocents especially the kids.
    Every problem in this world can and should be resolved by negotiations. I pray that both sides should come forward and resolve this issue diplomatically.

    Said that now please work together for all the EB immigration issues.

    bfadlia, i sent you a PM. Respond me when you have time.





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  • waitnwatch
    08-05 03:13 PM
    It is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

    Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?





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  • unitednations
    08-02 06:58 PM
    this is interesting: If I invoke AC21, and get a letter from a new employer, they can still ask me for a letter from old employer saying they intended to hire me?? The fact that they submitted a future employment letter with my 485 and did not revoke the approved I-140 for 6 months not enough to prove that the intent remained at the end of 6 months?
    Did the USCIS officer suspect fraud or something? Is there a specific legal basis for this denial? I thought past 6 months there is no dependency on that old employer (future-employment or otherwise) and all depends on your new employer and his employment letter.


    People always read what they want to read.

    Read the memo and they always mention "intent", "good faith".

    USCIS always leaves significant wiggle room for themselves when they want to deny cases.





    dohko
    04-09 01:46 PM
    You're right excellent idea. 50% won't really affect Microsoft, Oracle, IBM
    because they actually hire Americans.


    Chill out pal, don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.

    I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)





    walking_dude
    08-05 10:19 AM
    Guys,

    Ever wondered why a lawsuit never got filed against Labor Substitution, or stealing of EB Gcs by nurses, or against the discriminatory country quotas?

    Simple, you need an Immigration Attorney to file the case. The same AILA cardholding person who is expecting a windfall profit out of interfiling/PD porting. I am interested to see the immigration attorney who is willing to sacrifice profit for principle. It would be a first in history if that happen!!

    Good luck to everyone willing to participate in this wild goose chase. I guess you guys have too much money in bank to spend over such a mission impossible. If only you'd contribute equally to IV campaigns...



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