Friday, July 8, 2011

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  • lfwf
    08-05 07:03 PM
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.

    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.

    This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.

    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.

    The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.

    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??

    Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.

    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.

    I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
    So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?

    If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.

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  • axp817
    03-27 03:44 PM
    ok..My docs have been received by AO.

    AO? Adjudicating officer?

    Good luck, keep us posted.

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  • msp1976
    04-07 08:31 AM
    Members working for consulting companies can talk to their employers about this. Let us know their response.

    The employers are not gonna be worried about it..

    Many of these restrictions were passed for the L1 program some 1 year back.
    I know many people on L1 still working at client sites and no one even saying peep about it...

    This is what I heard from a friend who is a employee of a NYSE listed firm with 100+ million turnover...He and a few more on L1 raised this question to their company lawyer.. The company lawyer had many arguments to defend their position. For example 'If DOL raises a question, the company would say we have offices at multiple locations one at each client site..'There is a small army of lawyers on the company's retainer and they are not afraid at all...They told the L1 employees to calm down and leave it to them....There are many creative ways in which to structure the consulting deals and the law is worth the paper it is printed on.....

    DOL is gonna have 200 more employees for the enforcement...200 is nothing frankly...Then they have to funded every year...May be congress would not fund the additional 200. Governments never have the will to go after the businesses....So the law would look very restrictive on paper and no real impact.....I know as a fact that the L1 restriction law had absolutely no impact...

    The net scenario would really depend on what happens during the first year or so...Suppose USCIS starts denying applications and they deny 10K applications...Then 5K and more of these appeal the denial and in the end sue the USCIS ..Do not forget to remember that CIR is passed and the USCIS is loaded with the legalization workload...The appeals system and the immigration courts would get swamped with these cases...As long as the case is in the appeal or the court, they employee continues to work.....The employees would have problems with the Drivers license and like but some would stick it out...Once USCIS appeals system and courts system gets overloaded with the case load...USCIS and the US attorneys would lose their will power to try to enforce the law......
    I do not know the details of judicial review for H1 denials and I did not see anything in this law curtailing the judicial review of H1B petitions...So a lot is subjective about the law.....Many laws never have their intended impact it just goes sits in some corner...

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  • sands
    08-07 05:25 PM
    A couple drove down a country road for several miles, not saying a word.

    An earlier discussion had led to an argument and neither of them wanted to concede their position. As they passed a barnyard of mules, goats, and pigs, the husband asked sarcastically, "Relatives of yours?"

    "Yep," the wife replied, "in-laws."
    This is hilarious! :)


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

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

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

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

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

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

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  • Macaca
    02-22 11:49 AM
    Hey Chinese! can we have more of the following here (

    I am almost 7 years in this country and have paid hundred of thousands of dollars in payroll taxes, and now stuck with the EB priority date.

    I want to say there are many good things going on in the world. Many people take the technology advancement and good life for granted, but behind the scene, there are many people who are doing the real hard work, and we are part of them.

    The reason I came here is I thought this country can turn my talent into fortune and create opportunities for many people. My college roommate in China created the Linux Virtual Server in his PhD thesis and still leads the LVS project. The government covers their 100% medical + 100% housing + 80%-100% pension. But if he did that in the States, he would be very rich and can achieve more goals.

    The current immigration system is neither pro- nor anti-immigration. It is just a limbo system. Everything getting in is just stuck there. Some of my friends have gone back China because they don�t want to wait.


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  • mirage
    08-06 09:19 AM
    I'm impressed, How about posting your resume here. So everybody can clap on your achievements....

    As usual, if the EB3 (i.e. majority) folks here do not like a subject, it gets banned. If something is unpopular, it gets swept under the carpet.

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

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

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

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

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

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

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

    Thanks for your attention (or the lack thereof).

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  • SunnySurya
    08-05 10:58 AM
    I most definitely do. But all depends who needs the most help and what expense. If you ask me to donate a Kidney if my one my Kidney is already failing, I most likely will not help.
    But if you ask me for some other cause where I am not affected. I will definitly help. You would be doing the same things if your were in my shoes. If not atleast thinking the same things.

    So, you don't believe in helping others.


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  • sc3
    07-14 04:21 PM
    People in Eb3 visa are not our enemies most of these people are our friends. We all have friends in both categories suffering. The issue exploded because of the contents of letter drafted by pani_6. It was pitting eb2 vs eb3. We all agreed all along that entire immigration system needs to be changed but here we have a letter that says dont give visa's to eb2 because we are not getting any. That I feel is unfair because all these days these spill visa's were going to ROW and people like pani_6 were perfectly happy but once their friends from eb2 (Ind) started to get them he was crying fowl.

    I think we all agreed that the letter contents were somewhat pre-baked. The letter campaign was a idea in the right direction.

    And mind you, we are now very active not because EB2 is moving, but because we now have concrete proof that the system was changed this year. I had my doubts, and had been asking about it for a while now, but all of the people said, "no you are wrong, the spill-over is working as it should, and as it always has". We have just recently realized that we were being misled, and there indeed has been a change. That is the reason we are being active.

    Yes, you agreed that the immigration system needs to be overhauled, but the only relief in sight is for EB2 folks.. There is no legislation that will help EB3 backlogs. Recapture will again help Eb2 folks, and given the new "pecking order" that has been wrongly put by USICS, Eb3 will never truly benefit from any of these bills.

    IV has its goals, as any organization should, and we fully realize that it can't keep everyone happy. However, some of you are stopping voices of others from being heard -- which is fine too. IV is a private organization that can choose to censor or restrict some kind of activities. But when you do that, you can't hope that everyone will support the organization, and believe everything that is being told to them.

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  • new_horizon
    01-06 02:49 PM
    Israel is fully justified in responding to the rocket attacks from Gaza. How long can they show restraint by not responding to the unprovoked attacks. Do you think US will remain silent, if Canada were to lob rockets into US. Asbolutely not. Every country has the right to protect itself.
    Hamas is such a coward orgn that they hide behind school, mosque, hospitals to shoot their rockets, so they really are luring israel to bomb those areas. Unfortunately innocents die...the blame should be on hamas. In fact, before bombing Israel even goes to the extent of calling and texting people in the target area to warn them before bombing. which country at war you know does that. Inspite of all these the biased media portrays Israel as the evil one. time to think. if only india shows some courage like that.


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  • Amma
    01-07 07:21 PM
    to call all of these people as highly skilled . Don't know the decency and decorum of the forum.Fighting in the name of religion.
    When you people are going to change ?

    People with no skill is better than so called highly skilled but no brain .

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  • sc3
    08-05 06:48 PM
    Here we go again. EB2 is fraud, they are all really EB3, but guess what? All the bright EB3s are really EB2, they are all suffering needlesly. Right?

    Here's my take (I don't even believe it but I think you deserve to hear it)- I think EB3s like you are the real frauds. If immigration law were followed to the T, plenty of EB3s would never get a GC. So many Americans with basic skills that can do silly coding - hell a monkey can do it. So enjoy what you have.

    How did you like the sound of that pal? If it felt wrong and offensive, then first shut your own gob and stop posting crap about "most EB2s".

    Just fyi I have been here loger than you- by quite a lot. So if that's the qualification, I have "seen" a lot too.

    I dont know whom you are responding to but...

    So Eb2 does not do silly coding??!!. Get a reality check. The jobs that Eb3 and EB2 does are pretty much the same. The same monkey can do the jobs of EB2 too, so I fail to see you point.

    Also, the law does not just state that there are no qualified -- there is also a willing clause. There might be Americans who can do the job, but such Americans may not want to relocate etc.

    Over the lot of arguments I have seen Eb2 claiming to be superior, please disabuse yourselves of it. I am Eb3, but I lord over Eb2, and the same EB2s lord over me depending on particular expertise and problem that is being solved, that is business. No, I am not talking about telling EB2s how to switch on their computers. I am talking about hardcore technical issues.


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  • gcisadawg
    12-27 01:02 AM
    So, if ISI is behind Bombay, I struggle to understand what it would gain from provoking India.

    The 'machinery''s motives I can understand. They are being pursued by Pakistan army and NATO forces, and by provoking India and starting a conflict on the eastern border, they would divert Pakistan army and get some relief. Plus, the more chaos in Pakistan, the better it is for them.

    Look at this way...

    Obama is planning to increase troops in Afghanistan. US is now doing cross-border attacks in pakistan. When he increases the troop level, it would only increase further hitting the core soverignity of pakistan.

    The supercop is completely preoccupied in transition with the messiah of hope taking oath on jan 20th. It would need few weeks for him to settle down.

    Pakistan is fractured with ISI's own trained militants causing havoc in Balochistan and NWFP. They are militants from Punjab and POK who are helping the tribes and Taliban. Taliban is hiding for the past 7 years and only the last two year have seen such a tremendous increase in attacks.
    Without Punjab militant's expertise (with kashmir on-the-job training) , it is impossible for Taliban to regroup in a way they have re-grouped.

    As a result, Military is forced to act on Tribes/taliban/punjab militants to support the war on terror and to satisfy USA.

    The Key questions are
    a> Who asked Punjab militants to go and create havoc in NWFP/Balochistan/Afghan border? Is it Military or ISI or lying low for a while when taking peace with India ( but using their expertise somewhere else)

    It attracted US's attention and just forces Pak Military to do more and more..

    With this Mumbai attack, what the ISI supported militants expected is a war between India and Pakistan. Military sees an escape route too.

    When a war breaks out,

    Tension on the Western border comes down to a nought. Taliban, Tribes, Punjab Militants, ISI and the military are ALL on the same side and India is the enemy. US would be a spectator. It unites the nation of Pakistan like nothing else.
    It reduces the pressure on the military. Military can wash from its hands the responsbility of being the ally in 'war on terror'

    A weak central govt in India with a totally angry Indian population wanting 'something' need to be done to stop this.
    A fuse that can easily go off...A baloon that can easily burst..My point is India can be very easily provoked at this stage.

    US took revenge in Afghanistan for 09/11. It initiated a war of choice in Iraq. It allowed Israel to pummel Lebanon while preaching 'war on terror'. US can not prevent India from doing a war if needed.

    Dude, we have seen Mumbai, we have seen parliament attack, we have seen Ashkardam all in broad day light in addition
    to many hit and run operations. How many more the world want us to tolerate? Buddha and Gandhi may have born in india but does the world expect us to tolerate attacks after attacks after attacks?

    I generally dont try to be emotional. But I saw this live on TV while I was waiting in the airport to board my flight
    from India to US and it impacted me profoundly. Man, "Enough is enough"...


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  • kevinkris
    02-18 04:22 PM
    Hi Macaca,

    Thanks for all info about lobbying. The concept is good for changing laws based on public opinions but i think it's misused to pass the laws from businesses who have money. Like these big oil and automobile companies.. huh..



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  • GCwaitforever
    05-24 10:54 PM
    Can one understand that an automatic increase of 20% per year can cause hardship to citizens caught in a future and unexpected recession ? That's all I am saying.

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


    This is what I can tell you. Couple of my friends choose to go to China for job opportunitieis because that is where manufacturing base of USA is. For opportunities, Americans go to places like Dubai and Russia which are growth markets. In a global economy, job migration is common. It happens both ways - into USA and out of USA.

    Lou Dobbs rants about protecting American jobs all the time. Where was he when this was happening from 1980's when blue collar jobs were being shifted to China? USA lost more jobs in manufacturing than in IT outsourcing. His rants bring a sense of insecurity among American viewers, nothing else. The truth is Americans are most resourceful. When faced with a challenge, they find something within themselves, do something and earn a living for themselves. Current number of IT jobs in USA exceeds the number of jobs available during the peak of dotcom era. So infact the IT sector in USA expanded considerably from the dotcom time. Would not you expect a shortage of workers now, given low admission levels of US students in Technology fields? This shortage is part of the reason for expansion of outsourcing. And US universities fill their seats with bright foreign students, but there are not enough VISA numbers to keep these students here. Also USA population is aging rapidly. Part of the reason for nurses in high demand is this. More nurses needed to take care of patients, but not enough people in the profession.

    Congress cut down the VISA numbers after the dotcom bust to 65,000 from the height of 195,000.

    As for the salary stagnation, outsourcing is definitely one of the reasons. Big companies outsource their work to a cheaper place, and because of their presence in that country, offset offshoring costs against local revenue in that place, there by reduce the tax exposure in USA. This is a double advantage for them. Hence more inclination for outsourcing.

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  • axp817
    03-25 12:07 PM
    Every point you make about the USCIS exercising extreme scrutiny for consulting/staffing company H-1Bs makes sense to me.

    Which probably means that we can expect to see almost zero approvals this year for H-1B applications filed by small consulting companies (I had to add 'small' so as to not include the big 5 types in this group), would you agree?

    And I assume the same applies to H-1B renewals as well.

    That being said, do you think AC-21 job switches (on EAD) to small(er) consulting companies will also be dealt with the same type of scrutiny (as H-1Bs)?



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  • niklshah
    08-05 08:24 PM
    "Originally Posted by lfwf
    I have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly."

    More hollow rhetoric from lfwf... someone that fails to see coherent logic and arguments made out in posts and instead claims that there is none :). Maybe, Inglis is the prablem, eh? LOL.

    Obviously, lfwf's 'respect' is worth a lot ;)

    I've gotten my days worth of laughs reading these protectionist jokers' weak arguments and empty threats of lawsuits.


    see how stupid highly educated community is?.....the guy who started the thread is not writing anything and people are fighting......

    the guy who wrote is definately not any of us i mean he is not in green card line.......

    people chill.....

    take it easy, when ur turn comes u will get ur gc.....try to participate in IV action item and donate if u can..

    i am an EB3

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  • H1B-GC
    09-26 08:50 AM
    Also,as America becomes more socialistic the power of lobbying from companies becomes even more less appealing to the Politicians. Our interests had to be protected by ourselves.,8599,1843168,00.html

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  • walking_dude
    09-30 09:17 PM
    After the bail-out bill failed in the House, Obama immediately posted a response reassuring Americans and investors that the leaders will come up with another soon.

    Contrast this with McCains partisan blaming of Obama for failure of bailout, while it was him that pulled the stunt of rushing to Washington to 'rescue' the bailout. After failing to show the leadership of his own party -with majority of Repubs voting against the bailout (a clear indication of leadership failure and ineffectiveness of McCain Presidency in passing anything through his own party!), he found it convenient to Obama.

    And it was Obama who proposed raising FDIC insurance to $250,000 to which McCain has (thankfully) chimed in.

    08-05 11:55 AM
    That is correct and unfortunate...
    We have approx 35K members and not even 2k people contributed to our cause if not 100 at least $5. .

    No I don't expect that on the contary I highly doubt it will ever materialize. But if such group is formed I will definitly participate in that just because I think it is right thing to do.
    Not sure how do u expect $500 -1000 for a failing cause. If you take the pain others will happily enjoy the fruit. .

    Don't go by when it shows I joined. Do you really think that I will discuss such controverial topics using my original ID. By the way, I (the person and not my Ids) have contributed to the cause way more than you have. And I still believe that we need to continue down that path.

    By the way I have contributed $200 ( and more in line) and participated in phone and fax campaigns and got at least few more new members with contribution.

    09-30 04:13 PM
    Does it really matter if Obama or McCain wins? I guess not. The government office still function the same way. I don't give a hoot who wins, as long as they improve the economy and create jobs.

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