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  • GCScrewed
    07-13 06:04 PM
    willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first.
    Whether EB1 is presently retrogressed or not doesn't matter.
    Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category.
    Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

    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.





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  • gcseeker2002
    12-27 10:49 PM
    I myself am originally from Mumbai so please dont doubt the deep sense of outrage that I feel. But amid all this talk about going to war, here are a few things to ponder

    1. Think about how long it takes to construct a single runway of an airport. In the developed countries, it takes about 2-3 years, for India safe to say 5-6 years. One of Paki's first responses would be take out entire airports not just runways. Can you imagine how long it would take us to recover

    >>>>>It will be the same if terrorists take out entire airports by their terror actions, which they were about to do in Mumbai that failed on 11/26. So no point worrying about what if.

    2. Why should India kill Pak when it is killing itself every day. At this rate, just imagine how long this country will last. Sitting back and being a spectator could just about be the best option

    >>>>>At this rate they will take another 50 years to kill themselves, but will continue to torment India till they die, they are like a cockroach that keeps wriggling till it dies, and does not matter if you just cut off its legs, etc.

    3. If we are outraged by 200 civilians/police/NSG dying, do we really have the stomach to absorb 1000s, lakhs ........

    >>>>>If we dont destroy the Pakis now, tomorrow their terrorists will take out 1000s, lakhs while we sit and wait.

    4. Talking of "surgical strikes" - surgical strikes on what? Even the dumbest terrorist knows that its probably not a good idea to be in a terror camp right now.

    >>>>>That is a true statement, but who cares, look at Israel that takes out Hamas buildings even though no hamas terrorists are in those buildings.

    5. Do we really want to unite all those crazy Punjabis, Balochis, Taliban and the Paki army

    >>>>>They are already united, it is Indians who are divided.

    6. Ok, what about assassinating Kayani. Wonderful, we have destroyed the last institution in Paki land. Get ready to welcome millions of refugees

    >>>>>No comments.

    I know I know that I am not coming up with any good course of action, just pointing out the flaws in the rest of them. But thats all my layman's strategic vision gives me. Maybe with just 1/100th the cost of war, we can improve our border/maritime security and also our intelligence apparatus

    Personally, I think war is going to happen. I just wish people even remotely understand what it is that they are asking for.

    War is bad but required to quell bad people, some people just dont get it the soft way.





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  • SunnySurya
    12-22 02:41 PM
    See me standing there in the video!
    http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
    and
    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
    ****
    Indian Americans ask UN to declare Pak a terrorist state

    PTI | New York


    Braving sub zero temperature and cold wind, more than 200 supporters and workers of dozens of Indian American organisation held a demonstration outside the UN, seeking the world body declare Pakistan a terrorist state.

    The demonstrators, from New York and adjoining New Jersey and Connecticut states spearheaded by Overseas Friends of BJP (OFBJP) and Indian American Intellectual Forum, demanded that the international community take action against Saudi Arabia also as groups based there had been funding the terror operations which are planned and executed from Pakistan.

    The international community, they said, need impose economic sanction against Pakistan and Saudi Arabia and force Islamabad to rein in its "infamous" Inter-Service Intelligence (ISI) which, they alleged, provides logistic and other support to terrorists.

    If Pakistan does not hand over the suspects that India has demanded, they should be tried by the International Criminal Court for crimes against humanity, they said.

    The demonstrators carried pictures of Jewish couple Rabbi Gavriel Holtzberg and wife Rivka, who were murdered by the terrorists during Mumbai attacks, with caption: "It is a crime to be a Jew?" The demonstration began with a silence observed for one minute to pay homage to the victims of Mumbai attacks and the police officers who were killed in the action.

    "Who is funding terrorism?' Saudi Arabia," "Down with Pakistan," "Pakistan, a failed state," "Stop aid to Pakistan," and "Radical Islam is the worldwide problem," were among the slogans that they shouted.

    Gaurang Vaishnav, a spokesperson of the Tristate Indians under whose banner the demonstration was organized, said that it was important that countries such as US, Britain, Israel and India come together to evolve a strategy to root out the terrorism.
    ************************



    SOLIDARITY DEMONSTRATION
    Sunday, December 21, 2008 1.00 - 3.00 P. M.
    Dag Hammarskjold Plaza (East 47th Street between 1st Ave. and 2nd Ave.) Manhattan, New York

    • HAVE THE TERRORIST ATTACKS IN MUMBAI SHAKEN YOU TO THE CORE?
    • ARE YOU SICK TO YOUR STOMACH WITH THE PUSSYFOOTING OF COWARDLY LEADERS?
    • DO YOU WANT TO PROCLAIM TO THE WORLD PAKISTAN’S INVOVLEMENT IN THESE ATTACKS?
    • DOES YOUR HEART GRIEVE FOR THE TORTURED JEWISH PEOPLE OF CHABAD LUBAVITCH?
    • DO YOU SHED TEARS FOR 200 PEOPLE MASSACRED IN COLD BLOOD AND 400 INJURED?
    • DOES THE LOSS OF SOME OF THE BRAVEST AND FINEST OF THE POLICE & NSG BOTHER YOU?
    • HAVE YOU HAD ENOUGH WITH ONE AFTER ANOTHER TERRORIST ATTACKS?
    • DO YOU WANT TO HIGHLIGHT THE CRIMES AGAINST HUMANITY?
    • IS “ENOUGH IS ENOUGH” FOR YOU? DO YOU WANT TO DO SOMETHING?

    If you answered YES to any one of the above, then
    Come Rain, Snow or Cold, JOIN
    TRI-STATE INDIANS on SUNDAY, DECEMBER 21 at 1:00 P. M.
    The latest Pakistan sponsored terrorist attacks have traumatized the nation and left deep scars on its psyche. Property worth millions of dollars is destroyed and the economy is affected adversely. Safety of the people and security of the nation is compromised

    Who will set the things right? WE THE CONCERNED PEOPLE...


    TRISTATE INDIANS: Supporting Organizations
    Aligarh Muslim University Engineering Alumni Association of North America
    Afghan Hindu Association, Inc
    Arsha Bodha Center
    Art of Living Foundation, USA
    Baba Balak Nath Temple, New York
    Bangladeshi Hindus of America, New York
    Bangladesh Minority Forum, USA
    Bunt Association of North America
    Ekal Vidyalaya Foundation of USA
    Federation of Indian Associations
    Friends of India Society, International
    Hindi Samiti of USA
    Hindu Center, New York
    Hindu Collective Initiative of North America (HCINA)
    Hindu Human Rights Watch
    Hindu International Council Against Defamation (HICAD)
    Hindu Right Action Force (HINDRAF)
    Hindu Swayamsevak Sangh
    Indian American Intellectual Forum
    Kanchi Kamkoti Foundation USA
    Kannada Koota
    Malyali Hindu Mandalam of North America
    Marathi Vishwa
    Nataraja Mandir (WSFC)
    Om Temple of Garden State
    Overseas Friends of BJP
    Overseas Sindhu Sabha, New York
    Panchvati Ashram, New York
    Phagwah Parade & Festival Committee
    Punjabi Darbar Religious & Cultural Society
    Sadhanalaya Dance, Inc.
    Samskrita Bharati
    Satya Narayan Mandir, Elmhurst
    Save Temples in India
    Shree Trimurthi Bhavan
    Sindhi Circle, New York
    The Caribbean Voice
    The South Asian Times
    Vishwa Hindu Parishad of America
    and many more …





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  • Macaca
    05-12 05:53 PM
    A Right of All Citizens
    Why naturalized Americans should be allowed to run for president. (http://www.tnr.com/article/politics/88161/obama-birther-constitution-natural-citizens-president)
    By Randall Kennedy | The New Republic

    The controversy over President Barack Obama�s birth certificate reveals that more is wrong with the United States than the presence of demagogues, bigots, and cranks. After all, the foundation of the birthers� allegation was the Constitution of the United States, specifically Article II, which declares that �[n]o person except a natural born Citizen of the United States, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President.� That provision invidiously discriminates against the many Americans (nearly 17 million in 2009) who were born abroad and have become naturalized citizens. Few people have realistic prospects of winning the country�s top elective office whatever their background. But excluding certain citizens from consideration based merely on nativity is unjust and self-destructive. It makes second-class citizens of naturalized citizens by suggesting that they are somehow not as American and not as trustworthy as �real� Americans who are native-born. It also deprives the United States of putting to use at the apex of government the manifold talents of all American citizens.

    The natural-born citizen requirement received little attention at the constitutional convention of 1787. Historians trace it to a recommendation made to George Washington by John Jay, who later became the first chief justice of the Supreme Court. �Permit me to hint,� Jay remarked in a letter, �whether it would be wise and seasonable to provide a strong check to the admission of Foreigners into the administration of our national Government; and to declare expressly that the Command in Chief of the American army shall not be given to nor evolve on, any but a natural-born Citizen.� In other words, some in the founding generation feared that the foreign-born might retain a secret or latent loyalty to their land of birth. Another fear was that European powers might insinuate within the new republic agents who would rise to power, subvert the young democracy, and reimpose monarchy. The �general propriety of the exclusion of foreigners � will scarcely be doubted by any sound statesmen,� Justice Joseph Story declared in his Commentaries on the Constitution of the United States. �It cuts off all chances for ambitious foreigners, who might otherwise be intriguing for the office.�

    Whether or not this absolute bar based on nativity made sense at the founding, it is now dangerously unfair and unwise. It stigmatizes all immigrants, expressing in the fundamental law of the United States a judgment that they are irremediably flawed, forever cast under a pall of increased suspicion, perpetually labeled as less fully American than fellow citizens who happen to have been native-born. Idolatry of place of birth is a rank superstition. Nativity indicates nothing about a person�s willed attachment to a nation, a polity, or a way of life. Nativity denotes an accident of fate over which an individual has no control.

    Many continue to believe that, at least with respect to the presidency, being born abroad, no matter what one�s contribution to the country, raises a sufficient question to warrant ineligibility. �I don�t think it is unfair to say the president of the United States should be a native-born citizen,� Senator Dianne Feinstein declared several years ago at a hearing of the Senate Judiciary Committee devoted to considering a proposal to amend the natural-born citizen exclusion. �Your allegiance is driven by your birth.�

    Feinstein�s intuition is wrong. On the one hand, there are the numerous examples of immigrants who, having chosen to become citizens, have poured their all into the development and defense of this country�including about 700 persons, born abroad, who have been awarded the nation�s highest military award for bravery, the Medal of Honor. On the other hand, there are native-born Americans who have disgraced themselves and endangered their neighbors by despicable acts of betrayal. One thinks here of Robert Hanssen, the CIA double-agent; Timothy McVeigh, the Oklahoma City bomber; and John Walker Lindh, the American Taliban soldier. Defenders of the exclusion of foreign-born citizens sometimes express fear of a �Manchurian Candidate,� alluding to the novel by Richard Condon and two spinoff films that portray the danger posed by brainwashed officials who rise to high positions. But the exclusionists seem to forget that the fictional characters to whom they refer were American-born.

    The natural-born exclusion fetishizes nativity. When it comes to assessing loyalty, what should matter is indicia of demonstrated allegiance. But, even if one attaches significance to the socialization that a person experiences growing up, a focus on mere nativity is misleading. As noted by Sarah Helene Duggin and Mary Beth Collins in their excellent 2005 Boston University Law Review article, �Natural Born� in the USA,� under our current rule, �An infant born in one of the fifty states but raised in a foreign country by non-United States citizens could serve as President, while a foreign born child adopted by United States citizens at two months of age and raised in the United states would not be eligible to become President.�

    The Constitution�s invidious discrimination against immigrants is constantly overlooked. In 2004, at the Republican National Convention, the governor of California, Arnold Schwarzenegger, proclaimed that, in America, �it doesn�t make any difference where you were born.� Obviously, though, that was and is erroneous. Because of the natural-born exclusion, Schwarzenegger could never hope to be president since he was born in Austria. Other prominent Americans who have similarly been disqualified from the presidency include John Shalikashvili, former chairman of the Joint Chiefs of Staff; Madeleine Albright, former Secretary of State; and Lowell Weicker, former United States Senator. There are many good reasons why former Secretary of State Henry Kissinger should never have been considered for the presidency; that he was born in Germany should not have been one of them.

    In 2008, in a speech entitled �The America We Love,� then-Senator Barack Obama asserted that an �essential American idea� is the belief that �we are not constrained by the accident of birth but can make of our lives what we will.� What he stated should be an essential idea and practice. If it was, we would have been spared the depressing furor over his birth certificate because where he was born would be irrelevant to assessing his fitness for the presidency.

    Writing in the Constitution�s bicentennial year, William Safire declared that the �blatantly discriminatory eligibility clause is a blot on the national escutcheon and an anachronistic offense to conscience.� Why, he asked, �do we allow Jay�s outmoded suspicion to dry up our talent pool and insult our most valuable imports?� Why, indeed? We ought to amend the Constitution by removing the natural-born citizenship requirement. We ought to free the American people to decide whom they want as their president. Place of birth should pose no bar.

    Randall Kennedy is the Michael R. Klein Professor of Law at Harvard University and the author of The Persistent Color Line: Racial Politics and the Obama Presidency (Pantheon Books, August 2011)


    What Mr. Obama can do to further immigration reform (http://www.washingtonpost.com/opinions/what-mr-obama-can-do-to-further-immigration-reform/2011/05/05/AFzt8fsG_story.html) The Washington Post Editorial
    Can Business Change the Immigration Debate? (http://blogs.cfr.org/oneil/2011/05/11/can-business-change-the-immigration-debate/) By Shannon K. O'Neil | Council on Foreign Relations
    Get moving on immigration reform (http://www.latimes.com/news/opinion/opinionla/la-ed-immigration-20110512,0,5217717.story) Los Angeles Times Editorial
    The state of play on immigration reform (http://www.washingtonpost.com/blogs/ezra-klein/post/the-state-of-play-on-immigration-reform/2011/05/09/AFR5sPrG_blog.html) By Ezra Klein | Washington Post
    Obama's Immigration Reform Vision: Clouded by Cynicism (http://www1.realclearpolitics.com/articles/2011/05/12/obamas_immigration_reform_vision_clouded_by_cynici sm_109830.html) By Mark Salter, RealClearPolitics
    Citizen children and life under the radar (http://www.latimes.com/news/opinion/commentary/la-oe-yoshikawa-immigration-20110512,0,6784773.story) By Hirokazu Yoshikawa | Los Angeles Times
    Immigration reform and border security: Obama's standards (http://www.csmonitor.com/Commentary/the-monitors-view/2011/0510/Immigration-reform-and-border-security-Obama-s-standards) CS Monitor Editorial



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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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  • desi3933
    07-11 10:41 AM
    ......
    ......

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old employer..you can work with old employer until July as long as the old employer does not cancel your old H1..

    .....
    .....

    This case is different from other most common cases where person has 2 or more valid petitions with overlapping times on same status (H1-B). Since status is same one can switch employer without a problem, but not when one petition is H1 status and another one is for L1 Status.

    The latest I-94 status dictates what status you are in.


    ________________________
    Not a legal advice.



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  • ShantiRam
    07-11 09:12 PM
    My employer back in 2001 and 2002 did not pay me in a consistent way..I was paid once in every three months during the time I was in bench. I have the W2 returns from those two years which shows average income of only 29K. However I had valid visa status and h1b approval from my employer as well as employment verification letter from them. Now i am with a new employer since 2003 and do not have any problems with them and get paid regurarly. After reading manub's post I am also worried if my I485 will be denied whenever I apply for it... or is there somethings I can take care of before? It is not my fault that the employer did not pay me consistently - right?

    Anyone - united nations - please advice.





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  • babloo_73
    05-01 11:29 AM
    When in college students used to rag others just because they were ragged when they joined the college. It�s not because they want to, it is just because they went through it. Indian software companies are just like, I worked enough in software industry and I have even been on call 24 hours but the truth is, it was never 12 hours or 10 hours work every day. Yes, occasionally I had 12 hours work which is the same in every industry and I used to get calls in the middle of the night at least once or twice during the night, but its not 10 hours work everyday. We want to impress our boss by working 10 hours, that�s the truth; it�s not that your boss wants.

    Similarly, in India people go to work on Saturday not because they have work but to show their face to their PM. Even if God comes down and says that people in India work 10 hours everyday, I cannot believe it. They might be in office for 10-12 hours but that does not mean they are working. It is the people who should be blamed for this. Yesterday�s programmer or today�s PM, and they expect the programmer to be there in the office for 10 hours just because they went through it. I am an ex TCSer, things worked exactly as I said. It is never going to change. All these talks about stress and coding 10 hours straight come on.....:cool:

    I partly disagree... I had worked in 6 different companies in India and in 3 companies, i had to work for more than 12 hours a day. What you are saying might be true for Maintenance projects, but it is definitely not true for development projects particularly when you working on a tight schedule...



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  • delax
    07-13 12:13 PM
    I agree with that...spillover should have a releif to highly retrogressed also.Common 2001 EB3 is still hanging when will we get our solution.EAD is not a GC.This not relief.I understand unity is required here ,but how aboutEB3
    .Even we need required justice.
    Atleast we can address the problem.

    At the risk of differing with you and inviting unflattering comments from others, but to benefit a healthy debate, I beg to differ that spill over should go to the most retrogressed at the expense of a difference in skill, training and experience level. As you probably may know, EB2 does require a different and arguably more enhanced skill, traninig and experience level than EB3.

    If you beleive in the principle that in a land of meritocracy the higher skilled should have an easier path to immigrate then EB2 should always get a preference over EB3 regardless of country of birth so long as the ROW demand within the same category has been satisfied.

    Understand, that this definition of EB3 and EB2 is all on paper. I am not saying that all EB2 are 'smarter' than EB3 and vice versa, but the letter/intent of the law is what it is.

    Sounds harsh and heirarchical but is true. Obviously I have a vested interest in a favorable interpretation of the law and I welcome the spill over to EB2-I. This does have a flip side if you are EB3-I, but look at a few bulletins from last year/early this year where EB2-I was unavailable and EB3 still was current and/or had a cut off date for a ROW/retro country.





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  • lfwf
    08-05 03:17 PM
    So why are those of us not in IT suffering the consequences of this?
    Jobs in my field are pretty well defined so all this crap that is being said on thsi thread is really surprising to me.



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  • ganguteli
    03-25 12:40 PM
    UN I think you are hyping up the current situation too much.

    Yes there are raids and arrests,

    But it is not so bad. You are saying as if everyone in consulting is getting denied. If it was so bad, all immigration forums would have been filled up with denial posts and cries for help. Maybe you have encountered people who only faced denials and not the entire spectrum. Thus your judgement may be influenced.





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  • isedkeem
    01-09 06:03 PM
    when you have two sides claiming two opposite stories, it is not reasonable to have one side be the defendant and the judge at the same time.
    The UN and International Red Cross who are on the ground there declared the Israeli claims of militants in the bombed civilian areas bogus.. foreign journalist might have confirmed that too (ah.. forgot that Israel banned foreign journalists from entering Gaza.. wonder why?)
    If we dismiss independent testimony just because the defendent says so, every criminal will go get a free hand.. plz let me hear ur logic for doing that

    The question is about common sense and not who said what... Israel might make mistakes but it has no need to bomb civilians or school compounds deliberately. It is a strong enough country that can wipe out the entire middle-east if it chose to but it does not do so probably because it isn't a failed state with an inferiority complex like most of its neighbors.



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  • file485
    07-08 05:41 PM
    thanks UN..

    a sense of relief after seeing your posts...

    any prediction for the Oct bulletin for Eb2/Eb3 India...?





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  • senthil1
    04-08 07:34 PM
    IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.


    What about professional services? Like IBM global services, Oracle consulting etc.... all these companies thrive on after sales customization and support based on professional services contract and there are thousands of h1b visa holders doing professional services. It is also outsourcing of a employee to a client implementing their system. Look at SAP, Siebel consultants, they are outsourced at client places for years together to finish implementations and their work locations are changed based on client's needs from time to time in between jobs - this is again a huge pool of H1bs.
    I used to work fulltime for a company in their professional services group and travelled on the job to a lot of places. The company thrives on h1b resources for their high pressured jobs and they always bring in people from outside the country to do their jobs.

    I think outsourcing employees to a different location is a part and parcel of H1b, and this bill is nailing exactly on that. It is aimed solely to purge out H1bs from the country.

    So all said and done, we may now go down based on a racially motivated bill. I am not sure what it takes to educate the law makers, I would like to see the senior personnel at IV and more analysts to look into what can be done on this bill.



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  • pani_6
    07-13 01:27 PM
    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
    [I am going to include USICS Address and Fax's numbers also]

    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.

    The reasons are not compelling enough. You cannot just say you are waiting long enough and thus your date should become current. Rules cannot be changed just for that reason.

    [with due respect ...How did the rules suddenly change to favour eb-2]..I am not against it..just want to know?

    If economy was down in 2001- 2003 and you were asked to file in EB3 and people in Perm could file in EB2 is your strongest reason, it may not work in your favor. Because by law you can file again and convert to EB2 and port your date. DOL and USCIS does not stop you from doing that.




    If you are qualified for EB2 but your attorney and employer filed in EB3, then it is not a fault of USCIS/DOL/DOS. You must talk to the company and the lawyer for it. If the company or the lawyer has broken any rule or employer has exploited you, then the letter should be complain to the appropriate authority about them.

    [This statement is not entirely true...Lawyers have DOL/USICS contacts] and acts in a way that the application will get approved ...most times looking at the trend and talking to DOL contacts and adjudicators...]

    Please also note that labor is filed based on the degree and experience requirement of the job. By law if the requirement is only undergraduate degree for the job, the employer cannot file in EB2 just because the applicant has a masters degree or more experience than needed. So you cannot really put this arguement here because it will be against the rules.

    So I personally do not think this idea will work.

    [could you suggest a solution..you know that legislation cannot work this year so what needs to be done??]

    While this mess is depressing for EB3 folks, we need to have a more compelling argument, determined membership and effective plan to get things changed.

    The root cause of the problem is limited greencard quota for EB3. And the solution is to get recapture, get rid of country limits, STEM exemption. Any single relief itself will be huge for all of us. With 179 phone calls and $16656 collected in last 3 months, I do not see that happening. It will need a far more bigger and determined effort. Such amount can be spent on full scale lobbying in just one month. 179 phone calls are nothing if we have to make a compelling case for ourselves.

    [Eb-3-I is also participating in calling and contributing..]

    [For people suggesting that the letter is weak..could you give an idea as the what written in letter would work..]





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  • posmd
    07-08 07:32 PM
    I feel the same way Gondalguru. This is a globalised world or atleast so the US would like everyone else to believe. In that sense where you are should matter less than the contribution you are making, yet alas the immigration system is stuck in its 20th century President Kennedy era mindset of "reuniting families". I am not against that per se as it is a noble virtue, but when I see that to be in direct contravention of the aims and objectives of globalization which incidently the USA also champions so vehemently, I sense hypocrisy at worst or a conflict of policy at best.

    My parents immigrated to a country which is NOT retrogressed (ROW of which I hold a passport) when I was 3 yrs old.
    I was schooled and in every other way raised as such. Yet I was born in India................as you rightly point out by mere chance. Yet I am saddled with the consequence of waiting in line with every other applicant from India. If that were not funny enough, one of my close friends, his parents were in the USA in the 60s and left when his mother was 7-8 months pregnant with him, and he was born in India, now he has to go through the same line, he also holds a ROW passport. Should the majority of gestation count toward his citizenship?
    These are difficult questions and the current policy is ill geared to deal with them. Those that win from them laud them and those that get hurt curse them. It is what it is..........dysfunctional.
    It either is or it is not a globalised world, and the policy is or is not such. Unfortunately we are all caught in this indecisive mode that the US currently finds itself locked into, it is not just about us and our immigration situation, it is about a lot of other issues as well and the USA will spend the next 10-20 yrs figuring this out.



    more...


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  • dixie
    07-17 02:46 AM
    This thread is very interesting to me. I've kind of lived though both sides, and it is really aweful for everyone but the abusive employer.

    My understanding of Immigration Voice's agenda is that this group is really for people who have H1B visas and are in the country already to bring their spouses and children here with full rights to travel and work, make sure renewals of H1Bs happen so you can stay in the country, and, even better, to convert H1B visas to green cards.

    My understanding is that the only reason that Immigration Voice supports increased H1B visa numbers is because people whose current visas are about to expire, and family members, are counted in these same numbers.

    Please correct if I'm wrong. I really would like to get this right.

    Anyway, if I do have it right, it seems to me that the AFL-CIO position (give people green cards instead of H1B visas) bridges the core concerns of members of Immigration Voice and the Programmers Guild. Whether or not everybody recognizes this is a different story, but it is good to know where the overlapping concern is, and hopefully in long term, get people talking about a solution that really does try to bridge the gap.

    For the record, we are neutral on the issue of H1-B visa increases. We neither support nor oppose increasing H1-B visas. The last thing we want to see is even more gullible H1-B folks with GC mirages being added to our midst. However, it often happens that ANY reform to the EB program is clubbed together with H1-B increases .. thanks to corporate lobbying or whatever .. in such cases we obviously have to support the broad package of high skilled immigration reform.

    We DO NOT deny the fact that H1-B has loopholes that make us vulnerable for exploitation .. that is one of our major reasons for pushing GC reforms. Our grouse with the likes of PG, lou dobbs etc is that they offer a one-sided criticism of the H1-B program full of half-truths, outright lies and insinuations about us "stealing" jobs. They highlight the exploitation part only to promote their agenda .. those occasional noises about giving GCs instead of H1-Bs is exactly that. Their real agenda is an end to all skilled immigration. Had they sincerely promoted balanced skilled immigration reform like tighter enforcement of H1-B provisions that protect US workers along with faster GC process for those meeting those tighter requirements, I would have gladly supported them.





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  • Macaca
    03-07 10:16 AM
    Some paras from Fundraising Comes at Van Hollen Fast (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/06/AR2007030601907.html)
    By Matthew Mosk (http://projects.washingtonpost.com/staff/email/matthew+mosk/), Washington Post Staff Writer, Wednesday, March 7, 2007

    Last year, Rep. Chris Van Hollen (D-Md.) sat in the minority, with little seniority, calling for lobbyists to disclose when they're gathering stacks of campaign checks for members.

    Now, his party is in power, he heads the Democrats' key fundraising arm, and he'll be judged in part by his ability to collect those bundles of checks from lobbyists.

    The Democratic takeover last fall fostered change across Capitol Hill, but few are feeling the effects as directly as Van Hollen, the third-term congressman from Bethesda who will guide his party's 2008 House election efforts.

    Van Hollen took over the Democratic Congressional Campaign Committee in December, and the next month he distributed a four-page memo outlining his plans for protecting newly elected lawmakers. Central to that plan is the goal of raising $650,000 to $1 million for those "front line" lawmakers by June 30.

    Typically, about a third of the money raised by the DCCC comes from member contributions, a third flows from direct mail and Internet solicitations and a third comes from individual donors, records show.

    In many instances, that money comes from lobbyists tasked with collecting checks from colleagues, clients, family and friends -- bundlers. It's the same crowd Van Hollen took a crack at last year, when he attached his disclosure proposal to legislation in committee.





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  • rvr_jcop
    03-26 09:34 PM
    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.

    Thanks UN, I am not in that situation, I was just trying to clarify because I see so many ambiguous explanations related to work location. And By the way, I am on EAD.





    styrum
    08-11 12:02 PM
    great find yabadaba. Thanks. I have sent this link to someone who can do some data analysis in our favor. However we are looking for EB GC data.

    do you/anyone know of any data sources for EB greencard applications on USCIS site/someone has already done stat research based on uscis data?

    The USCIS's "Yearbook of Immigration Statistics" is a valuable source of info in any immigration debate!
    http://www.uscis.gov/graphics/shared/statistics/yearbook/index.htm

    One can catch on lies a lot of anti-immigration jerks and even the USCIS themselves using their very own data! You can clearly see how the number of employment based Green cards changed, for example, how sharply it dropped in 2003 for some reason (not in 2002 which could be explained by 9/11!). They have no explanation for this. Apparently they were told to do so. The sabotage is obvious. There are more interesting facts there. Say, one can check if a particular country really has contributed too many immigrants in the last years to be excluded from the GC lottery or not, while another country is for some (political) reason still eligible despite it exceeded the limit.





    mariner5555
    03-27 04:02 PM
    All good points, As always with Real Estate, its Location, Location and Location. So the decision to buy a home depends on where you are. My analysis was more towards the Bay Area market where prices have held steady except in periphery markets and neighborhoods which had lot of new construction. Demographics here are dual incomes, steady jobs, limited housing/new construction and strong tech sector(due to the global nature).

    One thing I believe is that, Mortgage rates are probably at the lowest we will see for a while. If you time it right, maybe you can go another 50 basis points lower but generally its quite low.

    Now, is the price of a home lowest? New home owners GENERALLY dont consider the price of the home but rather the MONTHLY payments. How much will it cost me monthly to own this home? And this is what drives the price of a home. So the price partially depends on the mortgage rate, type of mortgage(5-1 ARM, 30 year, 40 year etc).

    Finally another major thing to consider is the loan process. With the recent changes, its got much tougher. My company almost has a freeze on new loans and except for refi the rest is frozen. Tighter conditions like

    DTI ratio less than 35%
    LTV ratio not more than 90%
    For Pre-approval you need to show atleast 10% in liquid assets.

    will certainly slow down things even further.
    what is LTV ratio ? I guess DTI is debt to income ?
    I agree with all the above ..so if u have a house and can refi ..good. have a GC and u get a good deal- good. EAD in these shaky conditions - not so good.
    one thing is for certain - in our life time, most likely we will never see such price appreciations. maybe appreciations of 4 percent ..which is effectively 1 % appreciation - if inflation is 3%).