Monday, July 4, 2011

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  • EkAurAaya
    08-05 06:00 PM
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

    I am currently pursuing some initial draft plans with some legal representation, so that a sweeping case may be filed to end this unfair practice. We need to plug this EB3-to-EB2 loophole, if there is any chance to be had for filers who have originally been EB2.

    More than any other initiative, the removal of just this one unfair provision will greatly aid all original EB2 filers. Else, it can be clearly deduced that the massively backlogged EB3 filers will flock over to EB2 and backlog it by 8 years or more.

    I also want to make this issue an action item for all EB2 folks volunteering for IV activities.

    Thanks.

    Friend... Your post is obviously selfishly motivated... and shortsighted. I'm sure if you were EB3 you would not make the same logical suggestion that you claim to be logical based on your self centered thinking.

    What you're suggesting is make it even more difficult for anyone to change jobs (then it already is)...

    Don't get too comfy with your EAD card, god forbid you might just get a RFE your AOS can get rejected, then you'll realize why your PD should be portable :D




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  • anai
    12-24 11:14 AM
    .
    .
    .
    .
    Will the Aryans return the land to Dravidians now?

    If you are talking about Rahul Dravid, I think he already owns a lot of land in various parts of India.




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  • obviously
    08-05 09:48 AM
    ... and dont forget that you drink from it too.

    Take the $500 or $1000 and contribute to IV so that we can get a solid resolution.

    No wonder illegals are so strong. United they stand. Pity 'highly educated' workers use their 'intelligence' for matters nefarious and counter-productive. No wonder we are in this situation to start with.

    If there were a collective voice with strong bargaining power, we would have not been in this situation.

    Law breakers are feared. Law abiding folks are derided.

    Go on, feed Loo Dogs for yet another sensational story on why ALL immigrants need to go back.

    Dont forget, for the average Joe anyone that does not 'look like them' can be a target for hate crime and resentment. PR about a case like this can only make the entire community weaker. If you happen to be Indian, what is to stop someone that is upset about immigrants not targeting you or your family? They wont know that YOU are their protector in chief, with the lawsuit stuck in your backpocket. You are but a symbol of the problem that you make out to be.

    Seriously. I have been involved in very key discussions with very senior public figures. Their number one pet peeve: You guys are so divided, even if we wanted to help, we are unable to.

    You just go on to prove their point.

    It is understandable that you are upset about what you see as being 'unfair'... just extrapolate that to the Ron Hiras of the world and NumberUSAs of the world ... you are feeding the larger cause of hatred towards highly skilled workers ... by creating a false impression that highly skilled workers abuse the system...

    Dont make your pillow peeves an issue that comes back to hurt ALL, including you. On many dimensions. This is serious stuff. Think about it.




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  • vbkris77
    03-24 04:21 PM
    Hello, If I were to put you all guys in a room and give you a permission to fight each other, you will really beat the crap out of others..

    Any topic, any issue will lead to in-fighting..

    Why did most Indians were caught on wrong doings in H1B, becos, most Indians had to spend most time on H1B status. Atleast 5 more years than usual. I am not saying it is right. But that is the fact..

    How long is Long enough to prove that one is employed to a GC?? No one knows???

    How many of the FTEs do other jobs that are not listed on their H1B? I bet most.. You don't look at your H1B petition to see if you are qualified to do that job or not. You will do it if you asked by your boss. Even if you can't, you will learn and still do it.

    So stop these crazy talk and help the OP if you can or just give a moral support.

    Most of you are not still convinced that we are not the reason for backlog. It is CIS that wasted visas and is the reason for the backlog.. That is the problem..



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  • nojoke
    04-14 04:15 PM
    Exactly. now before you jump ..let me say that this may not be applicable to you. but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a wrong decision. (and common sense says the same thing). Because they bought the house - either they had to slog extra or take up 2 jobs and/or spouse has to work. some of them had a baby sitter ..who would put the kid in front of the TV all day. some of the kids are/were at home all day with their mother (but no friends) and hence they were lonely. (wife does not know how to drive or only one car) ..some of the luckier ones were the ones who could afford to put them in all day daycare
    (but in this case ..kid hardly knows his parents well).
    in my humble opinion ..the best case is where a mother takes care of the son as long as possible and at the same time the kid plays with other kids of same age ..(there are definitely many exceptions) ...and most (neutral) people would say that those who rent would be more likely to have this best case.

    Exactly. This argument of buying house for kids is no argument. You can argue on either side. The problem is when NKR made a statement that it is big deal to not buy a house because your kid will ask "can you give back my childhood?". As if a 7 year old will regret not owning a house. The child will regret not owning a playstation3, eat chocalates all the time, play all time. We all know what we wanted when we were kids.;)




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  • Administrator2
    01-08 04:09 PM
    Thanks Refugee_New, for your response, understanding and maturity.

    Lets keep all discussions civil regardless of how we feel about the subject. Thats a request for everyone.


    Admin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.



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  • gapala
    06-07 04:46 PM
    Very interesting discussion going on in this thread.

    Can some of the gurus here point to some websites for fundamentals of home buying as well as investment in general ?

    Appreciate your feedback.

    http://homebuying.about.com/od/buyingahome/qt/0307Buyinghome.htm




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  • gc28262
    07-13 10:45 AM
    I commend the initiative. But I see a few issues with it:

    You are complaining to DOS about USCIS and DOL. That will not work. Every agency has a specific role

    You are complaining to the official who sets visa dates. He has no authority to give relief just because some applicant/s are asking for it. He has to follow the rule every month and his responsibility is only to set the dates based on the statistics received from USCIS. This official has a very specific and limited role.


    Who has the authority to set the spillover mode ? (Vertical vs Horizonal)

    I read in some immigration forum that USCIS/DOS has switched between these at will in the past.



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  • nixstor
    08-11 04:00 PM
    Born in Texas and raised in IDAHO speaks volumes about his stand towards immigration issues.

    perm2gc,

    I am curious why you bold everything. on usenet, writing in caps and bold is conisdered shouting and rude. I know this is not usenet but somehow I see that in most of your posts and wanted to know why you do that.




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  • javadeveloper
    08-02 01:31 PM
    Your wisdom is amaizing and we are happy to see you and request you to help clear the darkness of GC for many souls.

    I second you !!! I also heard from my co-worker that UN's wisdom is awesome.He is so popular.



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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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  • quizzer
    04-08 04:19 PM
    I look at this bill in a different perspective:

    1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.

    2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.

    Thanks



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  • chanduv23
    03-25 01:48 PM
    UN,
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D




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  • hopefulgc
    07-14 10:55 PM
    Very correct ... every person who sends a petition signed with their name is simply asking for an investigation in their case. Infact, DOS/USCIS/DOL will be reprimanded if they don't investigate these signed petitions. Even though DOS/USCIS/DOL wouldn't want to, don't have time for it and as silly as it is, they will have to launch an investigation/audit just to set an example.

    There is a saying in hindi
    "garibi mein aata gila"
    analogous translation:
    "spilling the only water you have left when you are really thirsty in a desert"

    Again, I am ready to lend support for whatever we may decide here, but please don't have people do something that can get a lot ugly later.





    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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  • nogc_noproblem
    08-05 02:25 PM
    Due to inherit a fortune when his sickly, widower father died ...

    ... Charles decided he needed a woman to enjoy it with. Going to a singles' bar, he spotted a woman whose beauty took his breath away.

    "I'm just an ordinary man," he said, walking up to her, "but in just a week or two, my father will die and I'll inherit 20 million dollars."

    The woman went home with Charles, and the next day she became his stepmother.

    ... when will men ever learn!




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  • pete
    04-09 08:43 AM
    What is deep six??



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  • srkamath
    07-13 07:22 PM
    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

    DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

    Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

    Just my observation.

    It is really terrible when one of our own members begins to sound like Lou Dobbs or Norman Matloff.........

    There are occupations other than computer programming, there are employers outside of the body-shop / contractor racket.
    There are honest AMERICAN employers that cannot find qualified MS / PhD level American workers where they are located. I truly feel sorry for those that get exploited by unscrupulous employers, therefore cannot believe that there are honest companies around..

    The AugVB is just a silver lining for many of us ... hopefully even EB3 will see better days. Goodbye.




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  • Ramba
    08-05 01:50 PM
    Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

    PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.




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  • Macaca
    07-23 07:48 PM
    Big Labor flexes its muscles in Congress � with mixed results (http://thehill.com/business--lobby/big-labor-flexes-its-muscles-in-congress--with-mixed-results-2007-07-24.html) By Ian Swanson, July 24, 2007

    The day after voters returned Democrats to power in the House and Senate last year, the AFL-CIO held a press conference at its Washington headquarters to announce that union members had come to the polls in large numbers to vote Democratic.

    They also promised to remind the new rulers of Congress that labor put them there, and that unions would be back in 2007 looking for support. So far, all indications show Democrats in Congress have been happy to oblige one of their most loyal constituencies.

    Legislation backed by labor that was left on the shelves when the House was under Republican rule has been dusted off by Democrats and moved to the floor. This includes so-called card-check legislation approved by the House earlier this year, which was the subject of a huge lobbying fight between labor and business.

    By contrast, free-trade agreements opposed by labor and negotiated by the Bush administration have been delayed, some apparently until after the 2008 election.

    �There�s been a dramatic change since January,� said Bill Samuel, a top lobbyist for the AFL-CIO who is in frequent communication with Democratic leaders. �Issues that have been long ignored are now getting the attention they deserve.�

    �I think they�ve done a fair job in recognizing what our priorities are and addressing them,� agreed Fred McLuckie, legislative director of the International Brotherhood of Teamsters.

    House Republican Conference Chairman Adam Putnam (R-Fla.) agreed with the labor leaders, but put a different spin on the changing tides.

    �The brazenness with which they�ve paid back Big Labor is astonishing,� said Putnam, who thinks the loyalty will come back to haunt Democrats next year, particularly since labor unions now represent less than 8 percent of the nation�s private workforce.

    Putnam said the shifting fortunes for labor reflect �a blatant return to the old stereotype of Big Labor bosses pulling the strings of Democrats.�

    Few Democrats, however, seem to think helping labor will hurt them. For example, only two House Democrats voted against the card-check legislation despite intense lobbying by business groups and negative advertisements in some districts. In the Senate, every Democrat voted in favor of card-check on the floor, as did Republican Sen. Arlen Specter (Pa.).

    Pro-business Democratic Rep. Adam Smith (Wash.) said he has some differences with unions on trade. But he has no problem supporting card-check or other pro-union bills that he sees as helping low- and middle-income workers get a share of the economic pie.

    While card-check legislation, formally known as the Employee Free Choice Act, received the lion�s share of headlines over the first half of the year, dozens of other measures designed to help the labor movement have been inching forward.

    For example, lawmakers have attached to several bills language requiring that workers be paid a prevailing wage � and the tactic has helped highlight divisions within the Republican Party. Fifty House Republicans voted to keep prevailing-wage language in a water-resources bill earlier this year.

    In addition, the Teamsters and the International Association of Machinists & Aerospace Workers won a provision in the House Federal Aviation Administration bill that makes it easier for employees of Federal Express to form unions, which could be a boon to the Teamsters and the machinists union. A second provision backed by labor would force the administration back to the negotiating table with air traffic controllers.

    And just last week, the House approved a bill providing collective-bargaining rights for firefighters and other first responders in all 50 states. The lower chamber also passed a Department of Labor funding bill that offers increased dollars for workplace enforcement offices like the Wage and Hour Division, which looks into claims that overtime is not being paid, while cutting funds for an office that investigates union corruption.

    In the second half of 2007, the AFL-CIO expects to push for bankruptcy law reforms as well as legislation overturning a National Labor Relations Board ruling that broadly defined workers considered to be supervisors. Overturning the decision could allow many more workers to qualify for collective bargaining rights.

    Furthermore, the Teamsters will continue to press Democrats to prevent the administration from carrying out plans to allow Mexican trucks access to U.S. roads, McLuckie said.

    Meanwhile, the Service Employees International Union (SEIU), which split from the AFL-CIO a few years ago, is lobbying aggressively on several broad policy issues, including an expansion of the State Children�s Health Insurance Program, according to Secretary-Treasurer Anna Burger.

    The debate over ending the war in Iraq is also a top priority for SEIU members, who are even more anti-war than the rest of the nation, Burger said, explaining that the SEIU sees the Iraq war as diverting funds that could be used to provide universal healthcare and other priorities.

    Still, while union proposals have won momentum, only one union priority � an increase in the minimum wage � has actually become law. Other measures have been held up in the Senate by Republican-led filibusters or are threatened by presidential vetoes.

    While the AFL-CIO�s Samuel admits that moving from a defensive posture to offense has been exciting, he said there is frustration that labor issues have been held up in the Senate. And he insists Democrats have not given labor a blank check, even though he and his colleagues are spending more time in the offices of House Speaker Nancy Pelosi (D-Calif.) and Majority Leader Steny Hoyer (D-Md.) in this Congress. �You still have to argue your case on its merits,� he said.

    �For the last 12 years we were for the most part on the defensive,� Samuel continued. �It was other people who were making decisions which we were reacting to. I think now we are able to make decisions, to decide what issues to promote.�

    AFL-CIO officials meet weekly to decide which issues to push for. They are also in frequent contact with other labor leaders, who say there�s no evidence that Democratic leaders are playing favorites among the sometimes-fractious labor movement.

    SEIU and the Teamsters left the AFL-CIO a few years ago and formed the Change to Win coalition. But McLuckie said he hadn�t heard any complaints within the Change to Win coalition about access to Democrats.

    For their part, Republicans hope to use labor�s successes to portray Democrats as too compliant with union demands. For example, the National Republican Senate Committee is already trying to raise money from small businesses spooked by the card-check bill.

    It has produced an ominously scored video featuring grainy footage of Senate Democrats rallying for the card-check legislation to convince businesses to donate to the GOP next year. In the video, Senate Majority Leader Harry Reid (D-Nev.) tells the crowd, �We have a majority in the U.S. Senate because of you.� Meanwhile, the figure $1,389,489 flashes on the screen to reflect the contributions Reid has received from �Big Labor.�

    The video closes with Sen. Hillary Rodham Clinton (D-N.Y.) promising to sign the bill into law when she is president, and notes Republicans need only two seats to regain control of the Senate.

    While unions are holding off on their presidential endorsements for now, the video reflects their long-term plan for card check. In 2009, labor hopes to have a Democratic president and a larger majority in the Senate, which would make business-backed filibusters more difficult.

    �I think it will be easier next time,� said Samuel, who thinks the labor agenda in Congress will help Democrats in next year�s elections. �I think these measures are generally very popular.�




    Ramba
    07-14 03:44 PM
    --------------------------------------------------------------------------------

    It is very understandable the frustration of Eb3-I guys. The reason is very simple; supply Vs demand; nothing more nothing less. Both EB2 and EB3 gets about 40K visas per year. Since worldwide demand for EB3 is extremely very high, India gets abot 3000 visas per year. However, there is not much worldwide demand for EB2 visas, India and and China gets all spill over in EB2 catagory plus unused visas from EB1. This makes availability of visas in Eb2-for India and China is very much higher than EB3. 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.

    Study the visa statistics for last 10 years at DOS website. http://travel.state.gov/visa/frvi/st...tics_1476.html
    Then, one can easily unserstand the demand for EB3 in worldwide. The reason is, unfortunatly EB3 has professionals and skilled workers catagory. There are thousands of skilled workers (who has just two years working experince with out much education) are in demand for EB3 numbers every year accross the world. This makes the availablity for India is just 3000. 1500 restarunt cooks with their dependents from India is sufficient to consume one year quota in Eb3. Thatswhy India stuck in 2001. It will be like that in future too. It will be in snail phase.

    So, it is not the DOS or CIS or DOL determines the movement of cutoff dates. It is the INA that contolls the allocation. DOS is just doing their job.

    The INA does not address how to give prefrence to a EB3 Indian guy with PD in 2001 with EB3-ROW guys with PD 2007. Every year EB3-ROW pours tons of new application. The demand from ROW will not dimnish, so India will get only 3000 by the virtue of increasing new demand by ROW form easch passing years. A ROW guy with PD 2007/2008/2009 will be in preference than a EB3 guy from India with PD 2002. Therefore there should be a mechanism to balance this effect. Unfortunatly there is no provision in INA. So, DOS may not help to overcome this, as DOS is a just a implementer of INA.




    senthil1
    04-09 12:02 PM
    Why do you need to hire other person if Joe is fit f
    or the job though he is not as bright as other H1b person. For example you do not need IIT graduate for QA position. For example If you want a core system software programmer in TCP/IP level or semiconductor R&D you can go brightest in the World. Bill Gates is an exception. 95% of bright people will have degree or more in current world.

    There is a difference between displacing an American and hiring the best talent - if I have a job opening, I interview 10 candidates and I want to select the best.

    Given the current bill, I have to wait for months to hire this candidate if this candidate happens to lack GC/citizenship. This affects my business and group productivity. Every time I wait for months to get a candidate, it affects my business.

    So, what this bill is trying to imply - "hey, do not bother hiring the best talent - why don't you hire Joe, a GC holder, he can do the job fairly well even though he is not as bright as Mary, the person you really want to hire"

    I feel a sense of disrespect in your voice for folks who do not have higher education (e.g., MS/PhD) - I have a M.S. but I know of a bunch of folks who are much brighter than me and have a bachelors degree. Infact, if I am not mistaken, Bill Gates still does not have a degree, so in your eyes, is he not useful/accomplished?



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