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  • gcnotfiledyet
    03-24 04:26 PM
    No problems with Universities. I was surprised to see how many h-1b's are actually held by universities.

    You would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.




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  • subba
    12-27 12:57 PM
    Especially considering Sen. Cornyn seems to be opposed to some of the provisions being discussed for the illegal immigrants.




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  • NKR
    07-14 03:52 PM
    ---------------------------------------------------------------------------
    I guess about 30 to 35K (out of 40K) visas goes to EB2 for both India and china. However in Eb3 both In and China gets 3K each. Just compare 30K vs 3k.


    If 3000 per year for EB3 had set the availability date to 2001, shouldn�t have 30K for EB2 made it current long ago?. If India and China get about 30K visas per year my PD of early 2004 would have been current long ago. So there is something wrong in your logic there.

    Your supply and demand theory for EB3 I could be true.




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  • srkamath
    07-13 05:59 PM
    Agreed.....the categories were made for a reasson.....and the same logic is being followed by the DOS to spillover unused VISAS. While I understand the frustration of EB3 folks, I would encourage those same folks to folllow IVs initatives - call campaigns for House bils...
    While I fear this will create an offshoot EB3 group within IV, I hope that goos senses will prevail.

    FYI - EB2 is still retrogressed over 2 years.....it is not that it is current

    EB1 EB2 EB3 are "preference" categories established by a law. This letter seems to be demanding that the DOS ignore the "preference" - Sorry it won't work.

    Elsewhere in this forum someone has another letter campaign directed at visa re-capture legislation. That might have some influence.



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  • sledge_hammer
    06-05 11:12 AM
    Reading the article I take it that the writer is only concerned about the profitability of buying a house in the current situation. He's not of the opinion that buying a house is bad investment, ever! But a good investor does not try to time the market; it is, in my opinion, even if you tried, an art and not a science. So now maybe the best time to buy actually!

    But I have also seen many ignorant, anti-capitalist, anti-government, conspiracy theorist freaks out there, blogging from their basement, and writing articles suggesting that the government is somehow brain washing the public into buy a house so that they'll become the government’s slaves for the rest of their lives. These guys have actually never ever made any real money. They come up with short sighted calculations to prove that renting for life is better than owning a home. In my opinion no one should be listening to these people. I have yet to hear from a successful investor, or a businessman, or anyone that has what you may call reasonable wealth, saying that real estate is bad in the long run. I would take these people's advice any day because they have the money to show for their sound investment strategies, one of them being investment in a house, or a piece of real estate.

    We as immigrants who are not sure of where we'll be in the next 5 years may want to consider the fact before investing in a house. But anyone else that has no such worries would be foolish not to buy a house thinking it is a doomed investment.




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  • pd_recapturing
    08-05 07:48 AM
    What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....



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  • unitednations
    03-24 12:34 PM
    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me

    That is one thing I have noticed of this divide between non consulting and consulting jobs.

    Reality is that people either came on f-1 or they came on h-1 through staffing company.

    Permanent jobs are the least safe from immigration point of view. As soon as there is a downturn; they will cut your job unmercilessly; doesn't matter which stage of the greencard you are in. You have absolutely no flexibility whatsoever (eb2 versus eb3); when or if they are going to start the greencard process. In fact companies such as these are the ones who generally won't give you any details of labor or 140.

    Many of the peple who are in 8 or 9 year h-1b painfully learned this lesson. They generally started at staffing company; got enticed by permanent job; got stuck in labor processing; got laid off; jumped back to staffing company; chased labor substitution; got 140 denied; jumped to another company and started again.

    Many of the people I discussed with who have been here for a long time on h-1b were continually re-starting their greencard for all these issues.

    I remember seeing a posting by another member that stated people from india were more susceptible to being out of status or having applications denied because of the long wait to get the greencard. The longer it goes; the bigger chane of something going wrong.

    People from other countries don't have such issues. I know one person from Uzbekistan who was on OPT and filed h-1b quota case in April 2007; at the same time company filed labor for him. He got greencard approved before the h-1b even got adjudicated.

    One of the issues of stafffing companies is that it is usually run by another person who was a non immigrant at one point themselves so they did not revoke h-1b's and were very flexible with their employees (that flexibility made them skirt h-1b rules). However, now that flexibility is gone as USCIS has gone through zero tolerance.

    The way USCIS/DOL/CONSULATES are behaving is making it very difficult for even the traditional companies to pursue or even keep non immigrants. Right now with the layoffs, many people from the traditional companies are approaching the staffing companies to do h-1b's. However, the staffing companies are not doing them because they are starting to follow the rules as close as they can. If they don't have a job for you then they are not going to file (no more speculative employment).




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  • sanju
    04-08 09:07 AM
    of course not....
    The provision defeats the purpose of whole whistle blower clause...

    Oh ok. Sorry, I was not sure about the message of your earlier post.

    And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.



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  • desi3933
    08-05 04:06 PM
    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.

    This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.

    ______________________________
    US Permanent Resident since 2002




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  • validIV
    06-25 03:42 PM
    You just gave an example of a guy who owns his own house.

    Rich guys first make their money and then buy houses. Reverse is not necessarily true. They are not rich because they bought houses. If money was no object for me I too will go ahead and buy house even it did not make strict financial sense. I'm not there yet.

    As for naming names, Warren Buffet who is plenty rich does not favor real estate as an investment vehicle. Real estate has has 1-2% average rate of return over the last 60 years barely keeping up with inflation barring crazy speculative booms like we recently had which quickly go bust. This is to be expected since house is an unproductive asset and unlike businesses (stocks/bonds) does not "produce" anything so in the long run it's price will roughly track the inflation.



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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.

    http://www.time.com/time/nation/article/0,8599,1843168,00.html




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  • nogc_noproblem
    08-05 01:40 PM
    A little girl asked her mother, 'How did the human race appear?'

    The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'

    Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'

    The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'

    The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'



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  • Rolling_Flood
    08-05 08:33 AM
    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.

    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)




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  • langagadu
    02-12 06:45 PM
    Finally Pak agreed Mumbai terror attacks are partly planned on its soil. I hope they come back after few months and say ISI partly involved.


    http://news.bbc.co.uk/2/hi/south_asia/7886469.stm



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  • s_r_e_e
    08-11 05:54 PM
    DJ: Come on Sarah... where did you have it?



    :D:D:D:D:D:D joke of the year..




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  • svn
    03-31 07:51 PM
    I am not convinced with the whole systematic preadjudication logic at all. .

    Didn't say anything about "systematic" at all - I think we all know better than to use "systematic" and "USCIS" in the same sentence!:D However, they definitely seem to be making some progress on adjudications even if none the country caps limit green cards issual. Aamazing how you can change behaviour when you set a goal and start to measure people on it - looking at the bits and pieces of info being released by USCIS, you can see something is changing and I would suspect a lot has to do with the new leadership in government, that has a mandate for greater transparency (unlike their predecessors). Given the lack of visibility to Case Officers of cases with old PD's (they track by RDs and not PDs), I cannot but believe this will be good for getting some structure into the system.



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  • immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.




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  • GCapplicant
    07-14 05:21 PM
    if people have to debate this issue, surely we can do it without needless slander and accusations?

    i agree with GC applicant, words like that do not sound right and have no place here please.

    btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

    i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.



    Thankyou Paskal.Nothing more .I stop here no more unwanted useless arguments.




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  • xyzgc
    12-30 12:42 AM
    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.....

    If that is true, to complete the circle, you'll also see terrorist attacks, sponsored by India, on innocent civilians in Pakistan. You'll soon get a fitting reply, something which will put the lives of your mom and dad in danger and scare the hell out of them.




    chanduv23
    03-24 03:25 PM
    UN,

    I can't help asking this.
    I have been following your posts for a while. I know you are quite knowledgeable in immigration.

    But many of your posts indicate you have a bias against Indians. You seem to be going hard against H1B and saying Indians are screwing H1Bs.

    I like to believe you are unbiased. Please let us know.

    UN is trying to go into the "inner mind" of an USCIS officer and think how they think.

    He is not biased - he has helped a lot of people. He is just asking people to look at the view point from the other side.

    He says - look at illegals, look at family based, look at employers, look at USCIS officers, look at things from every perspective .......

    I keep telling this again and again to all the folks here - not to assume things that suits you just because you feel comfortable - look at things from the other side too. As long as you have followed the law - you have to take legal advice from lawyer.

    Remember - this is a bad time with economy - with job losses - everything may not work for you.




    gcbikari
    08-06 01:49 PM
    Lesson 1:

    A man is getting into the shower just as his wife is finishing up her shower, when the doorbell rings.
    The wife quickly wraps herself in a towel and runs downstairs. When she opens the door, there stands Bob, the next-door neighbor.
    Before she says a word, Bob says, "I'll give you $800 to drop that towel, "
    After thinking for a moment, the woman drops her towel and stands naked in front of Bob After a few seconds, Bob hands her $800 and leaves.
    The woman wraps back up in the towel and goes back upstairs.
    When she gets to the bathroom, her husband asks, "Who was that?"
    "It was Bob the next door neighbor," she replies.
    "Great," the husband says, "did he say anything about the $800 he owes me?"

    Moral of the story
    If you share critical information pertaining to credit and risk with your shareholders in time,you may be in a position to prevent avoidable exposure.


    *********

    Lesson 3:

    A sales rep, an administration clerk, and the manager are walking to lunch when they find an antique oil lamp. They rub it and a Genie comes out.
    The Genie says, "I'll give each of you just one wish."
    "Me first! Me first!" says the admin clerk. "I want to be in the Bahamas, driving a speedboat, without a care in the world."
    Puff! She's gone.
    "Me next! Me next!" says the sales rep. "I want to be in Hawaii, relaxing on the beach with my personal masseuse, an endless supply of Pina Coladas and the love of my life.."
    Puff! He's gone.
    "OK, you're up," the Genie says to the manager.
    The manager says, "I want those two back in the office after lunch."

    Moral of the story
    Always let your boss have the first say.


    *********

    Lesson 4:

    An eagle was sitting on a tree resting, doing nothing. A small rabbit saw the eagle and asked him, "Can I also sit like you and do nothing?"
    The eagle answered: "Sure , why not."
    So, the rabbit sat on the ground below the eagle and rested. All of a sudden, a fox appeared, jumped on the rabbit and ate it.

    Moral of the story
    To be sitting and doing nothing, you must be sitting very, very high up.


    *********

    Lesson 5:

    A turkey was chatting with a bull. "I would love to be able to get to the top of that tree," sighed the turkey,"but I haven't got the energy."
    "Well, why don't you nibble on some of my droppings?" replied the bull.
    They're packed with nutrients."
    The turkey pecked at a lump of dung, and found it actually gave him enough strength to reach the lowest branch of the tree.
    The next day, after eating some more dung, he reached the second branch.
    Finally after a fourth night, the turkey was proudly perched at the top of the tree. He was promptly spotted by a farmer, who shot him out of the tree.

    Moral of the story
    BullShit might get you to the top, but it won't keep you there.


    *********

    Lesson 6:

    A little bird was flying south for the Winter.It was so cold the bird froze and fell to the ground into a large field. While he was lying there, a cow came by and dropped some dung on him. As the frozen bird lay there in the pile of cow dung, he began to realize how warm he was.
    The dung was actually thawing him out! He lay there all warm and happy, and soon began to sing for joy.
    A passing cat heard the bird singing and came to investigate.
    Following the sound, the cat discovered the bird under the pile of cow dung, and promptly dug him out and ate him..

    Morals of this story

    (1) Not everyone who shits on you is your enemy.

    (2) Not everyone who gets you out of shit is your friend..

    (3) And when you're in deep shit, it's best to keep your mouth
    shut!



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