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  • SunnySurya
    08-05 01:49 PM
    I think he knows quite a bit about the immigration rules. He raised a point that it is merely a guidance. What it means that it can be contested and challenged...unlike if it were a law.

    With all due respect, I totaly disagree with original poster. probably, he needs to know more about immigration rules..




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  • gimme_GC2006
    04-13 02:58 PM
    ok..never mind..I called the officer and informed that I don't have any such information and since it was taken over by a different company, I am not in a position to get it..so Officer seemed satisified but asked few other related questions..and it is good for now..

    sigh..




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  • kaisersose
    04-14 12:00 PM
    No body can predict how much it is going down exactly. But you can predict it is going down considerably.
    My point is that the house price is out of whack with income. I don't see the logic in why it would not go down. The whole mess is started because people started looking at houses as investment. Buying now and seeing the housing value drop won't be fun.
    Whether you sell your house or not, it matters when you buy. You don't buy at the top of the bubble.

    It is not going down everywhere...I am in a location where people are buying houses like mad and the prices are actually better than last year.

    And yet, some people in my location are thinking about nothing but resale. They are not able to see a home as anything other than an investment and I am referring to such people in my earlier post.




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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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  • lfwf
    08-06 02:50 PM
    But you see, what YOU think RollingFlood wants cannot be achieved through a lawsuit. From what I and pretty much most of us understand from the letter of the law is that it allows for earliest priority date. A lawsuit cannot change the law. Also remember that GCs in the employment based category are given based on SPONSORSHIP by an employer. So an EB3 got an earlier priority date based on a labor petition that existed at some earlier period in time when RollingFlood, I, and plenty of others decided we wanted to get a PhD instead. That was OUR choice.

    Also, this is a free country. People who are really committed to get an advanced degree, can enroll in graduate school part time, which is what many people I know did. They hopped onto the GC line as EB3 and went to grad school part time. Some now have graduate degrees from places like Stanford.

    Also note that the law accounts for really smart people to be unfettered by allowing for things such as EB2 National Interest Waiver and EB1 exceptional ability.

    To say that just because someone was doing a PhD and therefore needs to get an earlier priority date that accounts for their graduate program is, to say the least, weird. It is mixing up the employment based system with a merit based system. In fact, one could argue a merit based system should not have any notion of priority dates whatsoever!

    Also, just like you, I have no personal gain from this, one way or the other :-)



    I have desisted from posting here because all people do is give hystero-emotonal resposnses ranging from "advanced degree means nothing in law' to "his parents must have waived him goodbye". However recently I see some sane posts that actually consider the issues rather than the rhetoric and I feel constrained to point out that you are wrong.

    1. I cannot judge the merits of a lawsuit but the "equivelance" of an advanced degree is set at 5 years by regulation not law. That can be challenged in court. Again- I don't know if it will be thrown out, but it can be challenged all right. It would satisfy the goal of OP, whose primary grouse was with people who do not qualify initially for EB2, using the 5 years to both jump to EB2 and preserve their PD.

    2. The employment based system is actually stratified by "merit" or" "level of job difficulty" (rightly or wrongly so- that's a separate issue). So they are not different things. The preference categories are set up so that it's easist to qualify for EB3 and toughest for EB1. Therefore the jump that BS +5 takes to EB2 already gives them the advantage of a better cut off date in a smaller category. The PD porting magnifies that to the extent that genuine (adding this to avoid renewed attacks on the terrible things EB2 folks do to qualify) original EB2 filers are left at a huge disadvantage. I asked repeatedly why people who spent the same years getting adavanced education should be left behind. No one addressed that, instead gave me alternative sob stories about being wrongly placed in EB3. Two wrongs do not make a right! And I (at least) am not challenging the rights of people who initially could have qualified for an EB2 to port.

    And if its a free country OP has every right to question the regulation. Why have fits over it? How about analysing the issue itself instead and figuring out it's strengths and weaknesses? Do you think USCIS or Congress care that your attorney "made you file EB3"?

    3. EB2 NIW still gives you a PD only AFTER you complete your advanced education and prove yourself exceptional. Still the same EB2 line. EB1 similarly gives you a PD much later- of course for now it does not matter since its current- if it backlogs, expect the same questions from them.

    I fear this thread is fodder for anti immigrants. Virtually every EB3 here has questioned "most EB2's" classification and accused all of us of some kind of fraud. Really guys, be ashamed.




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  • sc3
    07-14 04:28 PM
    Because when Eb3 ROW were getting approved they had no personal friends getting approved but suddenly now with Eb2 India moving forward they know people who will get GC soon and this hurts, when then see these people (friends) in temple or get together who will be (soon) GC holders and so this cry of fowl play comes in behind the mask of anonymus user id a vieled attack


    Woah, I did not know I wanted my GC because I could tell my friends that I have my GC. Thanks for telling me about it. I used to think that I wanted my GC, so that I could be worry less about H1 status, think about buying house, maybe think of some business ideas etc. I did not know it was all so that I will feel ashamed of my friends.

    I guess you have the solution for all of use. We will stop my friendship with everyone, that way we dont have to worry about being the NON-GC guy among our "friends".

    Also, we will make friends with the undocumented workers, so that we can feel superior, which will boost our morale.



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  • mariner5555
    03-23 11:14 PM
    I agree he will loose his down payment or credit score in case of things going south on GC side but still he will be able to do whatever is best for his long term goals now and he will be better off in terms of equity when real estate market bounces back in 3-4 years.There are lucrative deals in the market and renting does not make any sense. There is always a risk factor and u can cover your risks accordingly. Anywaz What exactly ur going to do with Credit Score after u are kicked out from here ? So why not take risk now and play the game.
    why do you say that renting does not make any sense ?? credit score would matter if a person gets a better oppurtunity and decides to come back - screwing up yr credit is like burning a bridge. In my humble opinion real estate won't bounce back - it may limp back in majority of the areas. ofcourse housing is local ..




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  • panky72
    08-08 10:39 PM
    HERE COMES THE BEST JOKE OF THIS THREAD

    I got a RED dot for this post.

    Comment - "Racist Joke".

    I also got a red dot for my joke:confused:. Never used any foul language. Comment left was "This type of "blonde jokes" or "sardar jokes" etc are not really suited for a skilled immigrant community forum." I don't understand why do people give Red dots even for jokes. The title of the theread is Ligthen Up.



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  • rajuseattle
    07-14 08:40 PM
    Guys,

    Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

    Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

    I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

    We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

    Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

    IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

    ------------------------

    PD: India EB-3 June 03.
    I-485 filed in Aug 2007 at NSC.

    awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

    Right now enjoying the freedom using EAD.




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  • srinivas06
    08-05 02:23 PM
    I am really surprised to see a post like this and people taking about this.
    Several years back I have applied in EB3 category as my previous employer that is stupid Satyam computers manager did not give experience letter with the Skill Set due to some personal reasons. My company needs the experience letters with the Skill Set and all the Skill set should be mostly same as per our company lawyer. Now I have 11 years of experience with Bachelors in Engineering and I make decent money than most of the EB-2 guys. Do you want me to stay with EB-3 and you want to restrict me not to apply or port to EB-2? What kind of thinking is this?

    People wake up! Please discuss about what we can do collectively to solve the problem. Not wasting time on all these nonsense.



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  • Macaca
    12-30 06:23 PM
    India-China Relations: It’s the economy, and no one’s stupid (http://idsa.in/system/files/IB_IndiaChinaRelations.pdf) By Joe Thomas Karackattu | Institute for Defence Studies and Analyses

    The recent visit by Chinese Premier Wen Jiabao clearly had a productive focus - SinoIndian economic ties have been re-enforced, and there has been an effort to re-balance the trading relationship. This Brief uses irony to communicate five propositions (i.e. the intended meaning of these five statements is the opposite of what is stated), that can be found in several discourses on Sino-Indian ties. It evaluates these propositions in the light of the tangible and intangible gains from Premier Wen Jiabao’s second official visit to India.

    1. Obama’s visit had more substance for India

    How do you weigh a visit by a foreign Head of State or Government – one that prods a relationship in an incremental way versus one that promises a turnaround from a low baseline? The political and strategic dimension of the India-US partnership received an immense boost with Obama’s visit, and so did the economy. However, with Wen Jiaobao’s visit, India and China have prepared the ground for what hopefully shapes up to be a balanced economic and a healthy political partnership. If Premier Wen has second-placed talk of India and China being rivals – surely the political gains are waiting to be realized. Incidentally, the MoUs signed during Premier Wen Jiabao’s visit are worth $16 billion (against $10 billion worth of agreements signed during the Obama visit).

    Re-balancing of the Indian deficit (roughly USD 20 billion) from its trade with China has been promised through enhanced trade facilitation in the pharma and IT/Engineering sectors, a proposed CEO’s forum, more openness to Indian agro products, greater presence in Chinese trade fairs, and the desire for a strategic economic partnership. The present focus on infrastructure financing in India through Chinese banks is demonstrative of a ‘win-win’ situation for both sides. China’s consumer price index (CPI) 1 , a key measure of inflation, hit a two-year high of 5.1 per cent year-on-year in November 2010. Meanwhile, the People’s Bank of China (PBOC; the equivalent of the RBI in India) raised banks’ reserve requirement ratio (the deposits mandated to be withheld) for the sixth time in 2010 as a sterilization measure to prevent excess money supply from adding to inflation. Under such circumstances, Chinese banks have been foraying into lending operations elsewhere as well (Industrial and Commercial Bank of China’s (ICBC) commercial property loan in summer 2010 to a group led by private-equity firm, the Carlyle Group, in the United States is a case in point)

    Policy Focus: The push for horizontal investments from China i.e. market seeking FDI through local production seems to have received less attention. This is an area which needs to be explored fully to address employment generation in India, and for Chinese firms to have a visible household presence in India (similar to Korean and Japanese consumer durables, for instance).

    2. China has not changed. It cannot be trusted. Politically, there seems to be no progress on resolving the border dispute, and in the economic sphere there seems to be an in-built incongruence in the growth trajectories of the two countries.

    The 1962 war was the reflection of the variance in India and China’s diplomatic, ideological and political approach to bilateral ties and international affairs. Those were the years running up to the Sino-Soviet split, the US engagement in Korea, Taiwan, and the second Indochina war (all involving China), and the domestic misfortune of the Great Leap forward. China had real and perceived fears of India’s oscillation between the United States and the Soviet Union. However, today China is placed in different circumstances, both as a political power and as an economic power. It is now more deeply entrenched in the economic architecture of the world. China’s concern to develop its Western regions coupled with diminishing incentives to foreign investors on the East Coast implies a patient and consistent effort at domestic restructuring in China. The stimulus measures and other construction projects need to be absorbed, the idea of “soft infrastructure” over “hard infrastructure” i.e. transparency and corruption-control has to be pushed through, and inequity needs to be tackled both between cities and rural areas, and between provinces in China. That is a long-drawn process of reforming social security and healthcare in China, apart from administrative reforms relating to land and labour rights (hukou system).

    Intuitively, the prospects of relying on Europe and the United States as consumer markets for China over the long term are dicey (imagine how long an economy growing at 8 to 10 per cent could rely on markets that grow at between 2 and 3 per cent?). The present incongruence in the growth trajectories of India and China is ascribed to the market-first approach in China versus the business-first approach in India’s liberalization of its economy. Almost as a visible consequence, China is a larger trading nation even as the private sector there is yet to benefit from lenient financial intermediation (the State plays a big role even today). India on the other hand has a promising private sector and vibrant secondary markets even as its integration into the international economy is hindered by relatively higher tariff barriers in the country. The absence of overlap in the key growthdrivers of both countries (Industry versus Services in China and India, respectively) actually presents the most important reason for India to work with China, and for China to work with India.

    The economic imperatives for China to engage with the larger Asian region are borne out by the trends in consumption expenditures in this region. China presently is mired in the need to revive consumption expenditure internally, in order to offset the export-dependent economic engine of its growth. The Key Indicators for Asia and the Pacific 2010, the flagship annual statistical data book of the Asian Development Bank (ADB), indicates the role that Asia stands to play as an alternate consumer market in the long term. The resilience of the middle class in Asia during the 2008-09 recession is highlighted by an estimated USD 4.3 trillion in annual expenditures during the crisis (ADB 2010). This was nearly a third of the private consumption in OECD countries, and is projected to account for 43 per cent of the worldwide consumption in 2030.

    Policy Focus: India and China have a real chance of promoting mutual economic growth and development if their economic ties are not ‘securitized’, and the issue of tariff (from India’s side) and non-tariff barriers (China’s side) and protectionism (both countries) is addressed. The CEO’s forum, for one, could initiate linkages with Chinese Universities to develop internship programmes drawing on China’s younger generation of graduates to visit Indian companies desirous of expanding operations in China.

    As for border talks, Pandit Jawaharlal Nehru and Premier Zhou Enlai agreed in the past to have mid-level bureaucrats handle talks for mediating the border issues (Hoffmann 1990: 32). Prime Minister Manmohan Singh and Premier Wen Jiabao have reached an understanding to have foreign ministers of the two countries deal with the vexed problem. Certainly, the level of engagement has been upgraded specifically vis-�-vis the border issue.

    Another important point to note is that, as per the Pew Research Centre’s Global Attitudes Project (October 2010), in 2009 46 per cent of Indians expressed a positive view of China, compared with just 34 per cent in 2010. The Chinese Ambassador to India may think that the fragility in India-China relations emerges from over-reaction to issues concerning China in India. However, the same report qualifies that only 3 per cent of Indians surveyed consider China as the greatest threat for India, whereas, despite a sanctioned media, more Chinese have negative opinion on India (only about one-third of Chinese respondents (32 per cent) have a favourable opinion).

    So where does the fragility come from? Does it arise from the ‘looseness’ of a democratic apparatus to shape public opinion? But Chinese public opinion is negative despite the regimented approach to the dissemination of information. Clearly, even if it is not the final word, these perceptions reveal how both countries need to do more to genuinely take forward the elationship at the level of ordinary citizens. The leadership in both countries has to find ways to shape debates within their countries to soft-land negotiated outcomes, if there is a genuine and concerted effort to resolve the border issue, and other contentious issues that may arise.

    Policy Focus: There is a need to cultivate individual perceptions of the other, at the level of citizens. This exercise could be executed at the level of greater tourist facilitation measures or exposure to popular culture through mass media. More Indian television programmes, dubbed in Chinese, should be promoted in China (currently only a few such programmes are broadcast in China). Surprisingly, Chinese programming (similar to NHK, DW-Asia or Russia Today) is not even on offer on most satellite networks in India. Events such as the ‘Festival of India in China’ or the ‘Festival of China in India’ should be promoted on a wider scale to involve citizen participation beyond the diplomatic corps.




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  • funny
    09-30 01:52 PM
    I love to see Obama in White House too. My only concern is who drives his Immigration Policy. Sen. Durbin? The provisions in CIR 2007 were scary.

    I am here legally in this country from Sept 2000.
    Applied for GC in March 2006 (EB3 I), filed 485 in July 07, used AC 21 in April 08 and now working on EAD.

    I already had backup plan for Canada. If I wanted to keep my Canadian PR current I had to fulfill the 2 yrs out of first 5 requirement and was required to relocate to Canada in Aug 07. After July 07 fiasco and getting EAD, I thought of giving up on that back-up plan. It was not an easy decision, but we decided to bite the bullet and were thinking that AC-21 memo and EAD are good enough safe-guards for any denial if and when it comes. Also other thing I thought as it is it's going to take ages for my date to become current by that time at least my child's education will be done (he is in high school) and he doesn't have to go through relocation pains as far as school is concerned. He has already done that 4 times in last 8 years. So all in all we were satisfied with the decision to abandon Canadian PR and using AC 21. But now all of a sudden I see there are so many denials for straight forward AC21 cases and moreover if Obama wins then immigration policy are driven by Durbin. AC-21 is the thread that I am hanging on to, if that goes away then what....just don't want to think about it.


    Correct me if i am wrong, But, The general feeling that i am getting from this whole discussion is that, If Obama becomes the next President and if his Buddy Se. Durbin is driving the immigration issues then , Are they going to scrap all the pending Employment Based GCs, and, all the People who have already used AC21 will be in trouble, thats like starting the whole thing over again.

    I personally think that this will not be the case and the new laws will be applicable to the new applications, because, when you invoked AC21 you did it according to the law, how come you will be in trouble because of a new law.

    Its like saying , If a crime of theft is going to have a Death panelty starting 2010, then all the convicted people from past will be hanged in 2010." That somehow doesn't sound right...I would like to get opinion from other people.



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  • bfadlia
    01-08 11:07 AM
    guys i give up..
    i'm struggling with a conversation where people understand the opposite of what i post, or give red dots because they can't differentiate between what i say and what i quote from others..
    i'm out of here.




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  • xlr8r
    04-09 08:50 AM
    sink/kill

    What is deep six??



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  • 485Mbe4001
    07-14 03:16 AM
    Why are you so worried about this initiative. Do you think an official at USCIS will read a letter and change the process in one day. If you think so then i wish you had written a letter during the letter campaign, we needed someone with your 'positive' attitude. I have sent letters to everybodies uncle and this is my 8th year waiting in EB3 and 12th year in US. Give us a chance to express our thoughts and wallow in our black hole.

    We as EB3 feel that we got a raw deal due to a change in the intrepretation of a law. There is nothing wrong in sending a letter to express our opinion.

    You can send a letter to thank USCIS for helping EB2 and the fact that you have an MS and that makes you great etc...(isnt this what every other post says, disregarding the fact that EB3's have people from top US universities too, there top universities around the world. I guess that you guys or the USCIS thinks that 5yrs consultancy at desi bodyshop with manufactured resume = 2yrs MS at Yale). Nothing against you, let us post a simple letter and get on with our miserable lives.

    Nobody cares what qualifications u have. EB1, EB2 and EB3 is what matters at the end of the day.

    This letter is utter nonsense. Admins, Moderators...pls stop this nuisance as this will cause internal fighting and end up in nobody receiving any benefits in the near future. If USCIS responds +vely to that letter, then do u think EB2s will keep quiet??? This will cause chaos and thus nobody will get anything out of it. Why is this thread still alive. Pani, the starter of this thread shud be banned for initiating this effort. Shud anything -ve happen to EB2s as an outcome of this, I'm gonna hunt that fellow and sue him for ruining my life.




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  • Macaca
    03-06 09:01 PM
    Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)
    Passing On H-1b Costs to the Employee? Smart Business Practice or DOL Violation? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) by Michael F. Hammond and
    Damaris Del Valle
    H-1B visa -- From Wikipedia (http://en.wikipedia.org/wiki/H1B_visa)
    Questions & Answers from CIS Ombudsman's Teleconference (http://www.dhs.gov/xabout/structure/gc_1175876976479.shtm)
    I-485 Standard Operating Procedure (http://www.ilw.com/seminars/august2002_citation2b.pdf)



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  • Legal
    08-11 11:07 AM
    I agree with yabadaba. We should also send feedback to CNN about the lies Lou Dobbs is perpetuating on national TV.

    You can try...I am afraid CNN is not going to listen to you.

    They know these things well. Lou Dobb's anti-immigrant frenzy/ fanaticism hasboosted the viewership..that's all matters to CNN.




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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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  • smuggymba
    07-28 02:45 PM
    But if you look past history, skilled immigration has had allies when Republican have been in power. Its a wrong notion that h1B/Eb people have that democratic party is for immigrant. Actually Democratci party is for the illegal masses only.

    Amnesty has been given by Democrats only earlier and this is their third attempt I guess




    apb
    10-01 05:45 PM
    Engg from top school in India + MBA + CFA started the process of GC in 2000. Lost first round of GC in the black hole of backlog processing center and restarted again in 2004. Never was out of job even in the worst of economy and always got good pay from company.
    CIR was a disappointment and I took PR from Canada since I lost hope with the system after 9 years in limbo and being a probationary worker without any career hope. My wife with her masters in computer had to remain on H4 for long and now when we have EAD we thought we could be a little better off, the broken system in USCIS again came up during EAD extension processing and gave us a jolt. EAD finally gets approved after several SRs, Infopass and ombudsman mail but only after the current one expires. If 90-120 were not enough, then at least allow EAD extension to be filed much before in advance.
    H1B extension can work based on Receipt notice, 485 is filed based on EB and EAD extension applied based on pending EB based 485--BUT we can work only after we get the EAD in hand. Why? There are many gaps in the way USCIS works and there is no credible transparency for the fee that we pay to get the service.
    We love CHANGE but would that change be for better?




    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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