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  • stuckinretro
    08-05 09:41 AM
    Not just EB3 to EB2 port but EB2 to EB2 as well. Consider you lose your present job and lose your entire GC process. When you find a new job(if any), you would want to port your old PD at your new employer when they file your fresh 140.

    So no one is immune, if you think you are, you are ignorant and do not know how complex a case can become.

    There are very few benefits that CIS provides for people who lose jobs and PD portability is one of them. enlighten yourself!

    The problem was Labor substitution, which was a nightmare for many of us here, and lot of people are still stuck because of it. DOL eliminated substitution 1 year ago and people whose 140's were filed then are still stuck in that backlog because of LC sub cases files on jul'16th. If you want to do anything do something on that end to ease the 140 backlogs.


    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.





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  • rimzhim
    04-09 11:00 AM
    Why should others suffer because of consulting firms?
    You get a job at company A you work for them. When you move to company B that company does your H1B.. if required again. Why should company A do your H1B than the individual work for somebody else as "consultant". This has been going on for too long affecting everybody especially scientists and doctors and academic community. These consultants are delaying GC for us. The bill takes care of that problem and I think its fair.

    Also if the new bill requires repeating labor certification every time we move so be it. You are "best and brightest" correct.. prove it!
    Don't want to sound selfish, but I agree 100% on this. Where I am employed as a scientist, the employer took great pains to show that I have not displaced any American worker. In fact they have a whole file with documents that support this fact. If I move, my new employer will do the same. I am not scared of this provision in the H1B bill. If you are really the best, only then you deserve to get the job, and then you have no reason to fear this bill.





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  • Marphad
    12-17 03:31 PM
    People:

    I went back and read some of posts from Marphad. "Marphad" hold very Extremist Communal Views not appropriate for this forum. He has given so called "RATIONAL" explanation in SUPPORT of TERRORISTS involved in Gujarat massacres. I think he is holds some rational views and I try to see if I dig his personnel information and inform relevant authorities. He is crying out to be spanked

    I will provide you whatever the information you want ;). I never had one sided communical views. Yes I hate people who directly or indirectly support terrorism. That includes people like Antulay (you are not in that list FYI :)).





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  • pointlesswait
    08-05 11:09 AM
    Labor substition was never yours to begin with...

    EB porting..you are already in the queue...you change ur job..go through the rigours of GC ..ad ..wad and lose a pad of money...then "IF" you are lucky you can regain ur position in the queue.... and looking at the 140 backlogs..anyone attempting to port his PD will end up getting stuck in the muck..;-)

    let me explain with example my friend:

    there is a blond ahead of you in the line....and suddenly she gets a nature call..she goes does her thing and returns...and she wants to regain her rightful place...

    now u my friend have a million dollar question: will u let her get back in the line in front of you...I bet u will...;-)

    now replace that blond with a desi.. i am sure i know your answer..."tere baap ka line hai kya"...

    so EB porting is possible only if you go through the rigours of stage 1 and 2...labor substition was a different animal..

    i guess i made myself clear..;)







    May I ask, why you agree with PD porting and not labor substitution... Was it because you were affected in later case?
    Let us face it , we all are selfish. And if our self interest match then we are an organization.



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  • kshitijnt
    06-25 10:22 PM
    I am not foreclosed and neither is anyone I know. Who do you know is foreclosed? Were they smart or stupid in their investment? How much did they put down? Did they crunch the numbers and do the math?

    You do not invest without a plan to cover all scenarios and you definitely do not invest beyond your means. The people that caused the meltdown and caused foreclosures couldnt afford the property to begin with. Is that you? Do you fit into that category? If so, do not buy.

    ValidIV, Based on your quote, we should be prepared for prices going down further and I485 getting rejected as being the worst case scenario.

    Also when I rent, I rent a 2-3 bedroom house, but I would want to buy a larger house say 5 bedroom (because I am planning long term).
    Hence my rent is 1500 whereas with mortgage payment its going to be 3000.

    I could save extra 15000 each year for down payment. So lets say I have 30K cash on hand, I can save 30K more in next 2 years and either go for a bigger house or hedge against rate increase. We all know that prices are not going to go up until 2011. Speculate or don't.
    Even Suze Orman will tell you that more the mortgage , more you pay in the end.

    Although your theory of buying 3 properties with 800 K is ambitious, it is riddled with risks and with biggest assumption that rents will not go down and property prices will go up. If this assumption falls apart, your investment starts making loss.

    My last landlord had victorian homes and she had trouble renting them because they needed constant upgrades to keep up with newly constructed communities. So she took out a equity loan and then the house prices dropped.

    And she still had trouble finding renters. This was in a community where I found hard to find a rental home. What will you


    And lets say they do go up defying expectations, you can watch trend for 3-4 months and then jump in at any time. Whats the hurry? We build up piles of cash waiting for the right opportunity and jump in at the right time.

    Do you agree even though interest rates are going up, house prices are not for the next 3 years? At this moment all Rent vs Buy calculators are saying its going to take me 11 years with 1% price increase to break even on my investment. Who knows where I will be in 11 years?

    How can we decide when we do not know what future holds for us beyond next 2-3-5 years?

    I am from same school as SauveSandeep.

    There are risk profiles of investors, I believe you have more tolerance than we do.

    My parents back in India, rented till the kids were 10 yr olds, then they bought a house at 58 my dad is retired with abundant financial security.

    :) I want to live life like that.





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  • Refugee_New
    01-06 02:32 PM
    Yes, they definitely have...Hamas should stop using school kids as human shield before complaining. Heres link for you - http://www.youtube.com/watch?v=elyXQ6g-TJs

    Gaza is a small town where more than 1.5 million people live there. Hamas is part and parcel of Gaza because they are elected by palestinian people and wherever they go, its full of people. Its a small land with crowded people. Gaza is like a crowded market.

    Again you are trying to justify the killing of innocent school kids and civilian. This is a big LIE constantly told by media to cover up the massacre. This is part of their divide and rule strategy. This Lie is something similar to WMD claim.

    Do you think Indian police will bomb the crowded street in order to kill a theif, then blame the theif that he is hiding behind civilian?



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  • gapala
    06-07 04:39 PM
    The 10 to 12% down south estimate might be true on the average. However, from where I stand now, in my county not just my zip code, house prices started to go up by 0.8% since January. It might still go down as I see fluctuations but I feel that it's stabilizing already.

    But only time can tell, right? All I'm doing right now is to satisfy myself that I made a right decision. Should I find out that it's a mistake, I should be truthful to myself that I did. There's no reason to lie to my ownself. JunRN, My comments are not about your individual situation but rather a broader analysis. Individual cases may be different based on location preference and affordability and other social factors.

    Historically, during the summer time, home prices will marginally increase as many people are expected to or will go around to buy homes. If you look at any listing which shows the historic prices such as trulia.. you will see that Builders are resorting to same tactics.. 20000 increase... some time around mid May 2009.... It will continue for couple of months.. but will not sustain in this situation. During the end of Fall into winter, it is going to come down and by Mid 2010.. based on popular economic forecast the prices will floor.

    Think about this, Every one knows that Home prices cannot go up in the midst of job losses and recession....unless there is Inflation, in which case, House prices will be the last thing to rise.. after all the consumer goods and services start to peak.. The media in this country is messing around with people's head with their opinion playing it over and over again as if they got it all figured out... to drive people to make stupid decisions and take up huge financial commitments..

    Lot of builders are already filing for bankruptcy and banks who lent them, end up owning the properties... What do they do with all those houses if no one can afford to buy them? .. they wreck the new houses... Yes.. This is going to be another round of collapse comming our way unless.. they reform immigration policies to allow more educated folks who can buy those homes..... I should say its happening... Let me give you an example..

    No Sale: Bank Wrecks New Houses
    A Texas bank is about done demolishing 16 new and partially built houses acquired in Southern California through foreclosure, figuring it was better to knock them down than to try selling them in the depressed housing market. Guaranty Bank of Austin is wrecking the structures to provide a "safe environment" for neighbors of the abandoned housing tract in Victorville, a high-desert city about 85 miles northeast of Los Angeles, a bank spokesman said.

    Victorville city officials said the bank told them the cost of finishing the development would exceed what they could sell the homes for. The bank also faced escalating city fines as vandals and squatters took over the sprawling housing project, leaving behind graffiti and drug paraphernalia, city officials said. "It's unfortunate," said George Duran, the city's code-enforcement manager. "We would have hoped for these houses to be finished. But it's up to the owner to see what is best for them." Home prices in San Bernardino County, where Victorville is located, have fallen 60% from the housing peak in 2006, according to DataQuick, a research firm. The median new-home price in Victorville is $265,990, according to Hanley Wood Market Intelligence, a housing-research firm. Homes in the Victorville development were priced at a range of $280,00 to $350,000 in early 2008, according to Hanley Wood.

    Demolishing vacant houses in economically troubled, inner-city neighborhoods is common. But the demolitions in Victorville show how the housing market is weighing on lenders even in once-booming suburbs. The houses were built by a California developer less than two years ago, according to city records. Guaranty Bank has significant exposure to construction loans to home builders. Last month, its parent company, Guaranty Financial Group, was issued a "cease and desist" order by the federal Office of Thrift Supervision, citing the firm's "unsafe and unsound banking practices."

    Many lenders, like Guaranty, have been foreclosing on home builders whose projects have gone bust. Regulators told Guaranty to come up with a plan to dispose of its foreclosed properties. But finding buyers is difficult, as home values remain under pressure. ... read the full story here.. http://online.wsj.com/article/SB124148169574985359.html

    I believe after the correction, 2010 is going to be a better year for deals on homes..





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  • NKR
    04-08 03:07 PM
    Ha Ha ..I guess I have put some salt (unintentionally) on somebody's wounds. NKR ..when did you buy your house and where ?
    btw yes ..there have been cases reported where a worker working in Target wrote that her income was 80K ..and managed to get a loan for 400K. (needless to say that house is in foreclosure ..if people had read such stories before rushing to buy during the peak ,..)
    and no ..my intention is not to keep this thread alive but it was to make people like you fight more for admin fixes. my goal was to link GC to investing more in US. people say lets meet senators ..o.k..meet them and tell what ?? ..there is no word from Core on this ..and hence lets do brainstorming and come up with ideas.


    Why do you assume that everyone who wants to buy a home are earning 80k and is dumb enough to buy a 400k home?. Why do you assume that a person who wants to buy a house has not saved enough to put a significant chunk as down-payment?. Why do you assume that a person who wants to buy a house is single and has no double income?. Why do you assume that a person who wants to buy a house is buying in CA only?. Why do you assume that a person who wants to buy a house has not found a house in a very good location and for a very good price?. Why do you assume that people like me listen to people like you and fight more for admix fixes?. Why do you want to live in a shoe box like place all your life?.



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  • unitednations
    08-14 09:17 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?


    I don't see much of a problem because it was less then 180 days.

    Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).

    I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.

    I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.





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  • go_guy123
    07-28 02:35 PM
    Come the November Elections, Dems could lose 10 in Senate..

    And we are back to square one.

    Dejavu 2007/2008 ;

    If this happens, no bill will pass, leave alone Immigration Reform.

    Republicans will keep sending bills and Obama will Veto 'em.

    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.



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  • unitednations
    07-09 01:03 PM
    UN..after I read your story..

    god..you r so gutsy.. must appreciate you..!!


    Just follow the law. There are lots of protections in it for us.





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  • xyzgc
    12-20 03:44 PM
    I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

    I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

    Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.

    Agree with parts of it.
    Disagree strongly with your statement

    But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims.


    Most muslims are NOT upset with the mumbai incident, especially muslims in Pakistan. They floated the theory that this was the handiwork of Hindus and Kasam (or whatever the name is) is saffron and not green.
    Only Some muslim moderates sound very sincere in condemning it.
    You need to do some reading before making some statements.

    On this forum itself there are folks like buddysinfo a.k.a aCool who have been leaving very filthy, unspeakable offline messages like mf***r, sf***r, ur mom f****d by paki, chop ur d**k off and so forth...a lot of these folks kept saying everything was a security failure, over and over again. Nobody is denying that but its an attempt to create a diversion. Just like politicians.
    Check out the closed thread "Mumbai attacked". Read through it properly and if you are a non-muslim/unbiased muslim, please accept the truth.

    Having said that, its wrong not to channelize your energy properly and bad mouth the entire community and IV threads are not to be used for it. I did it myself and I admit its wrong but its NOT gonna change the truth.



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  • sanju
    05-16 12:34 PM
    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached. Number of permanent jobs will increase and they will hire H1b only when there is real shortage. Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards. We are appreciating. Just because they are pointing out some problems in the program we cannot brand them as anti immigrants or lazy people. We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.

    It is not TCS,Infy,Wipro is causing delay to GC. Infact I worked one of those companies and still they are one of best in India. Still I may work those companies if I go to India.

    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting? Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons


    I am not Ronald Regan but I am compelled to say, " There you go again...."

    My view is not based on my personal gain or loss. My view is even if they ban consulting H1b numbers will not be reduced so much and cap will be reached.


    Why are you consistently discussing about H-1B caps. Green card delays are not because of H-1B quota, I am sure you know this. H-1B caps have nothing to do who applied for the H-1s, whether those were consulting companies in US or a company in Japan. You are just saying it consistently in all your posts because you don�t like more people coming here after you are on path to green cards. In all your posts, you have this mid set where the door closes right behind you and more people should not be allowed on H-1. I am sure you qualify to be the member of IEEE-USA. Please Google search for their membership form. Just because the name of the organization is �Institute of Electrical and Electronics Engineers� doesn�t mean that every thing on their agenda is kosher.


    Why do you think IEEE-USA members are undeserving and lazy just because they are interesting to put restrictions in H1b? Infact they are interested in more green cards.


    This shows that you have no clue about the reality. You have looked at the IEEE website and formulated the opinion about the nice people at IEEE-USA, who are working overtime for you to get your green card. This is what you think, right? Well! My friend we live in a very strange world in which political organization (like IEEE) show stuff on their website just so that they don�t appear to be outright anti-immigrants.
    Also, I do think that anybody who do not want to pick up their ass to find a job and rather chose to whine about someone else taking away the job is lazy and for sure undeserving. They are interested to put restrictions on H-1B because they want to eliminate their competition. Every community/group, big or small, have their opponents and enemies just because of the sheer nature of the competition for resource with other groups/communities. H-1B community now forms substantially large group of people. It is natural that orgs like IEEE-USA will be a natural opponent of H-1B community because there is a competition. Now, most members of IEEE-USA are older and middle aged folks, who are not able to compete with good quality engineers from other parts of the world. The folks on H-1 are young, dynamic and fast learners. IEEE-USA folks cannot compete with this group and so they are working to eliminate competition from H-1B folks by other means. Sometimes they call H-1Bs as indentured servants, sometimes promoting outsourcing, sometimes taking away their jobs and sometime depressing wages. They throw out all sorts of rationale to hurt H-1B community. And some idiots on this and other forums have not clue of the bigger picture and are hell bent on screwing the so called �body shoppers� as if it is ok to work at the client site to do the same job at the same amount if you are employees of KPMG or Accenture or Bearing Point. But it is not ok to do the same thing if you are an employee of TCS, INFY or SIFY etc. If this is not discrimination, then tell me what is????? I sincerely do want to understand your view and please consider me to be totally ignorant person who is here to learn from you. I sincerely mean it.


    We ourself know that there are some issues in the program. While we were studying in the college it was big achivement if our research article comes into IEEE. So IEEE is considered as one of world best academic association.


    So you do think that anything associated with the word �IEEE� is gospel. Let me share with you my friend that IEEE and IEEE-USA are totally different organizations. Just like any other organization in the world, IEEE-USA is working to address the issues of their members only. IEEE-USA is working to fix the issues of their members who live in USA ONLY. It has no clue and no desire and no objective to look at any of your issues, no matter what they are. We all acknowledge that are problems with the H-1B program but the question is, Is Durbin-Grassley approach the real solution to the problem? Congress did not address anything associated with H-1B visa for last 6-7 years. If you write to lawmakers they only understand only thing about the word �H-1B� and that is increase in H-1B� that�s it. Now every system in the world needs tweaking from time to time and this has not happened with H-1B program for a very long time. Either way, throwing out people waiting for green cards for 6-7 years is not the solution, putting in restrictions to undermine the entire H-1B program (because they know they will not have enough votes to reduce the visa numbers or eliminate the program) is not the solution, �investigating� companies when they hire someone on H-1B as if hiring someone on H-1B is a crime is not the solution, singling out companies from one country because the guy driving IEEE-USA (Ron Hira) doesn�t want more people to come from India because he hates his heritage � is not the solution. Yes there are problems, but Durbin-Grassley bill is not the solution.


    If there is real shortage of skilled people then we will pass all the tests which are given in Durbin proposal and we can get H1b. What is the problem in accepting?

    Who needs enemies if we have friends like you? I mean why do you want hard working people to unnecessary go through more problems before getting their green cards, as if the existing problems for us are not enough. You simple want to make the system difficult to test human endurance? You know what, we can do this, how about all the stringent conditions of Durbin-Grassley bill will apply ONLY on you and we are all sure that the �HIGH-SKILLED� that you are, you will pass all the �tests� with flying colors. For rest all the others, please consider us lowly skilled and please set a bar lower to the extent that is humanly achievable, we are not �highly-skilled� super-humans like yourself.


    Infact I am not supporting Ban of H1b on consulting but other than that everything can be fine and easily passed by most of H1b persons

    Yes, you have not yet clearly said that �I support banning all H-1Bs�, not in those words, not yet. But reading your posts, it is apparent that you are headed there, as soon as you get your green card. As I said earlier, form now on, just think that all the Durbin-Grassley conditions apply on you and live your life as per the standard set by Durbin-Grassley. For the rest of us, please have mercy on us.





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  • ssa
    06-24 06:18 PM
    You should compare only the interest part of your mortgage payment when comparing with rent.

    Not exactly. Whatever one saves by renting can be invested somewhere else. So the apples to apples comparison would be the return homeowner gets on the amount of his monthly mortgage payment that goes towards the principle (home equity) to the return the renter gets on the difference he invested. Return on home equity is currently negative all over US (houses declining in price) where as you still can get some positive returns on 100% safe investment like CDs or US treasury bills.

    In any case majority of your payment for the first five year goes towards paying interest. So unless you expect hosue prices to rise in next 3-4 years - a remote possibility, the best we can hope for is they stabilize - there is no monitory benefit to be gained by buying now against renting for some more time and saving more money for your future down payment.



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  • GCScrewed
    07-13 06:34 PM
    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.

    If you believe this to be the case. ie that a high school graduate should be able to do that job. Then that person should not get a green card for that job.

    People, please think before you post and write letters. It is important to be rational and not put your foot in your mouth.

    This is EB immigration and it is hierarchial. That is quite simply a fact not an opinion. The sooner people understand that, the better, and then everyone can channel their frustrations into broader fixes. Unless that can be done we will see these less than well planned, less than well coordinated, fitful efforts, and an internecine warfare that will make us a laughing stock and undermine the heroic efforts of IV core.[/QUOTE]

    I am just stating the fact. The position was not my position. So I can't speak too much about it. But that was the person who worked there told me. The most important point is that a lot of EB2s do not deserve it at all. This is especially true for smaller companies including those body shops, where a lot of wiggle room exist on how you describe the job requirements. In large companies, they tend to have more strigent requirments on what category to file. A lot of people filed under EB3 before the retrogression starting in late 2004 and 2005 because they did not pay too much attention on this issue (that's their bad - lessons learned).

    Although I don't see the data yet, I bet if you compare the proportion of EB2 applicants (or EB3 applicants), you will see a great difference before and after late 2004. Why? Because that's when the EB3 retrogression started and people began to move onto EB2. Are there so much more EB2 positions after 2004 than before? I doubt.

    I think that's what really make people upset, esp. those got stuck in every stage, from BEC, I140, from name check and 485. All these simply because they changes something without considering those in line already.





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  • sri
    04-07 09:15 AM
    Where is it mentioned that they will not renew the H-1Bs?


    Green card is for convenience � H-1B status is for survival!!!!

    As you already know that anti-H1B lobby has introduced a bill that is designed to put most H-1B dependent employers out of business and most H-1B employees out of the country. This bill is designed to slow bleed H-1B program and systematically purge H-1B employees from the country.

    If we cannot stay in the US on H-1, then there is no possibility of a green card.

    Details of the discriminatory and impractical Senate bill
    Here is the link to bill summary:
    http://immigrationvoice.org/media/forums/Analysis_S1035.pdf
    Please see section 2(e) and section 2(f)

    Here is the link to bill test:
    http://immigrationvoice.org/media/forums/Durbin_Grassley_bill.pdf

    The original intent of Senate bill S.1035 seems to be to put in checks and balances on H-1B and L-1 program, with inclusion of some good provisions to empower H-1B/L-1 employees. Immigration Voice supports provisions to empower H-1B/L-1 employees. However, S.1035 is discriminatory against H-1B employees and H-1B dependent employers. The bill is designed to render H-1B program useless and impractical to follow. As an example: Even after going through the process of making sure that no able, qualified and willing person in US is available to do the specific job, �the best and the brightest� H-1B employees will not be allowed to do any Consulting!!!!

    Further, US business will not be bale to have more than 50% of their employees on H-1B. Some of these companies to very specialized research, development and consulting work. In effect, Senate bill S.1035 is forcing the companies manufacturing baby soap, tissue paper etc to drop their core competency to become experts in the sectors/areas where consultants provide their expertise to assist companies to successes.

    This discriminatory bill will have following effects:

    1.) This bill will hurt all sectors of the US economy, directly and indirectly.

    2.) In the short term, most H-1B employees (including medical doctors, research scientist, IT engineers and other highly skilled immigrants) providing consulting services will have to leave the country, thereby taking all the institutional knowledge to other countries.

    3.) In the long term, the bill is designed to promote outsourcing as most employers will be left with no other option but to look outside to find much needed human capital and talent. So this bill hurts competitiveness and is bad for US innovation and economy.

    Timeline and Urgency of this massive issue
    This bill is a VERY REAL threat. It is designed to be made part of the compressive immigration reform bill (CIR). We have learnt that CIR is on the US Senate schedule for the last two weeks of May and, in the House schedule for the month of July. So if we do not educate the lawmakers about this very real threat to the core concept of competitiveness and innovation, this discriminatory bill could become law as early as August of this year.

    What we have to do
    1.) This bill is discriminatory and puts unworkable restrictions on H-1B program. Please join Immigration Voice to oppose this bill in its current form.
    2.) Join Immigration Voice's efforts to oppose the bill S.1035 and educate the lawmakers to pass meaningful comprehensive immigration reform containing the provisions to end the massive employment based green card backlog.
    3.) If you are employee, employer or a lawyer, please take this threat very seriously and inform your organization, employer, colleagues, friends or anybody whom you feel should know about this discriminatory bill. Please request everybody to visit www.ImmigrationVoice.org (http://www.ImmigrationVoice.org) frequently for the latest action items and updates.
    4.) Please contribute to Immigration Voice TODAY and please send out SOS message to you friends, colleagues and employers to contribute and support Immigration Voice. We have very limited resources and desperately need everybody�s support.

    Please standby for more information and action items.


    -----------------------------------------------------------------------------------------------------------------
    Clarification
    -----------------------------------------------------------------------------------------------------------------
    There is going to be no difference whether you ...

    1. Renew your H1 at the same company by filing an extension,
    2. Transfer your H1 to another company by filing a transfer or
    3. File a brand-new cap-subject H1 for someone who has never been on H1.

    ALL OF THE 3 WILL BE AFFECTED.

    For all 3, you have to file the same form I-129 and you get the same 2 forms in return from USCIS : I-797 (and I-94 too unless its an H1 for someone outside USA).

    The first 2 ways are cap exempt, and the last one (brand new) H1 is cap subject.

    But the process is the same. Paperwork is the same. You have to file LCA that shows the address/location of work, nature of work, title, salary etc. So even if you are working at same company, when you file for extension, you have to file a new LCA, that has all information and all that information will DISQUALIFY you if the new law passed and those rules of "consulting is illegal, outplacement at client site is illegal" apply.

    Hopefully, this will answer some of the questions.



    more...


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  • malaGCPahije
    08-07 01:40 PM
    a very nice video. Shows unity in a very nice perspective..

    http://www.vimeo.com/1211060

    The song is a Bengali poem written by Rabindranath Tagore.





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  • NKR
    08-05 04:34 PM
    Instead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

    I don't see why there are so many angered arguments...

    1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

    Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

    2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

    If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.


    Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


    No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)





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  • bfadlia
    01-06 12:57 PM
    Discussion of non EB related issues should be stopped.
    This form should be used for employment related immigration issues, end of discussion.
    I have given you green for it.

    I agree with you in principle..
    but then again several thread of same sort have been running for weeks with mostly flaming content while being blessed by admins and senior members.. what makes one conflict employment related and another not much so?





    alisa
    12-30 11:34 PM
    It is preposterous to compare Mumbai attacks with a speculative India involvement in Baluchistan.

    The principal actors, i.e. the actual fighters on the ground in Baluchitan are all Baluchis. Were Qasaab and his other 9 companions Kashmiris? What locus standi these west punjabi fighters have to attack Mumbai?

    Baluch conflict is limited primarily to armed skirmishes between Pakitani army and BLA (and may be some other Baluch nationalist groups). In military terms it can legitimately be called fair fight because both parties are armed. But can shooting unarmed civilians in the back who are sipping coffee or eating dinner or just waiting for a train be called a fair fight? Can the rules of engagement of any country, or the morals of any religion permit that? Isn�t this a text book example of pure unadultrated terrorism.

    I never suggested they Bombay and Balochistan were morally equivalent.

    At some point in this thread, someone suggested that India should try to destabilize Pakistan by supporting insurgent and militant groups in Pakistan. And I had merely suggested that Pakistan already suspects India of doing that. And that there is probably some truth in it. And Pakistan supports insurgent groups in India.
    Or at least, both countries keep their 'options' open by maintaining contacts with the insurgent in the other countries.
    That is the vicious cycle.

    As far as Bombay is concerned, I have said it before that I believe that that was an attempt to provoke India, so that the Pakistan army can be diverted to the Eastern front, and the Taalibaan/militants get some relief.

    I think the Indian think tanks think that the Pakistan army was behind it. I think that the Taalibaans/Jihadists were behind it. It will be very hard to prove it one way or the other.

    And war would be a disaster; like jumping from the frying pan into the fire. What amazes me is the capacity of the human mind to give in to irrationality, and vigorously advocate jumping from the frying pan into the fire.





    Macaca
    12-30 05:49 PM
    India-China Relations Negotiating a Balance (http://www.ipcs.org/pdf_file/issue/IB160-Banerjee-India-China.pdf) By Dipankar Banerjee | Institute of Peace and Conflict Studies.

    Now that Chinese Premier Wen Jiabao�s visit to India in Nov 2010 has ended, it is necessary to reflect on the nature of India-China relations and where it is headed. Kishore Mahbubani, the distinguished Asian thinker from Singapore, described India-China relations as, �the most important bilateral relationship of the 21st Century�. Indeed, historically, civilizationally, from the perspective of economic benefits to the region or from peace and security in Asia and the world; this is a relationship that is likely to shape the global future.

    There is no scope for mistakes. Two large nations that are simultaneously reemerging at a rapid pace, thus this relationship has to be based on carefully balanced enlightened self interests. To achieve this will call for delicate negotiations based on our respective genius, taking account of our differences, yet accommodating the genuine concerns and interests of both. It is important to be clear that tension and conflict, easy to generate in an atmosphere of fear and distrust, can do immense harm to all.

    HISTORICAL & CULTURAL LEGACIES

    Historically near neighbours, India and China had very little contact or understanding of each other. Two long but intermittent periods in early history may be considered as exceptions. One was the epoch of the Nalanda University in India, which flourished nearly two millennia ago and brought the world�s scholars to its gates. This was amongst the biggest confidence building measure in the history of Asia. The other was through the Great Silk Routes emanating from China with some branches passing through India and going to the world, enriching both countries. This was an early example of globalized commerce that benefited the entire then known world.

    The absence of recent contact failed to develop in India an understanding of the �Middle Kingdom�. On its part China has never quite grasped the importance of democracy, pluralism and diversity of India, which with all its imperfections, constitute the quintessence of the Indian state and its nationalism.

    Instead, our awareness of each other in modern times can be traced to the 19th Century, where it was coloured by colonial influences with their national interests firmly centred in European capitals. This brief interlude in history was the only period when neither India nor China was a leading nation in the world with neither in a position to shape its own destiny. Yet, it may be argued that spared outright conquest, Beijing secured its national interests somewhat better than Delhi. Many of today�s problems originate from that period, even though goodwill between both nations remained intact. Examples from India were Rabindranath Tagore and Dr Kotnis.

    In his highly controversial first visit to China in 1924 Tagore said at a lecture in Shanghai, �I want to win your heart, now that I am close to you, with the faith that is in me of a great future for you, and for Asia, when your country rises and gives expression to its own spirit -a future in the joy of which we shall all share.� Tagore visited China purely as a poet, yet his words set the tone and trend for India-China relations till the 1950�s. Premier Wen Jiabao hit the right note, when in his first engagement in Delhi in 2010 he visited a school named after Tagore and drew attention to the renewed attention in China today to his humanistic writings.

    Congress Party sent a small medical mission led by Dr Kotnis to help the Eighth Route Army in its War of Resistance in 1938. This team�s dedication and service to the People�s Liberation Army left a deep impression in the minds of the members of the Long March generation. This was the backdrop in which Nehru reached out to China in the 1950�s.

    A rude awakening to the Cold War realities of the 20th Century came about in the deteriorating relations in the end of 1950�s and to the 1962 War. The impact of this was different in the two countries. In China the average citizen had little knowledge of this War. They were in the grip of a totally controlled media. Besides, the population at large was grappling with life and death questions of the consequences of the Great Leap Forward. But, the impact in India was traumatic. Essentially it transformed in to a deep sense of betrayal at several levels, a sentiment that left deep scars.

    This contrast was reflected personally to me in June 1991 in many places in China where as a General Officer of the Indian Army and as the first Indian military guest of the PLA in over three decades, one was repeatedly accosted with the statement; �there are a thousand reasons why we should be friends and none at all why we should be enemies�. This was a sentiment that few would have shared in India at the time. As a first step in reconciliation we need to put this current history firmly behind us. This possibility was brought home to me personally through a brief encounter in Vietnam in the autumn of 2010. Shocked to see the utter devastation caused to innocent Vietnamese civilians in the most massive bombing in world history, in the deep underground bunkers north of Ho Chi Minh city, we asked if it was possible to forgive an enemy that caused these horrors. I was struck by the response of the young Vietnamese guide. He said; �If we were to hate the Americans, then how can we not also hate the French, the British, the Australians and the Chinese? We need to put history behind us if we hope to build a future�.

    Many would object to this idealistic approach to hard issues of national interests and they have a point. But, continuing with historic animosities is not the best foundation for national policy. In the realpolitik world of the 21st Century we will need to carefully craft a balance between our concerns and interests and evolve a cooperative relationship.

    THE NEED TO CHANGE MINDSETS

    The litany of issues between us is long and complex. A short paper such as this will only indicate broad approaches that India should adopt on some of the more important issues.

    The border issue easily heads any list and is also the most urgent. Even though no shot has been fired in anger across the Line of Actual Control since the last twenty six years, an unresolved border can no longer be �left to the next generation� to resolve. Already more than a generation has passed since Deng Xiaoping�s statement and this generation has not proved wiser. There is too much at stake today to pend this issue for long. Lingering problems tend to fester and often can be brought to light from hidden memories to buttress misgivings on other issues. Political sensitivity of this issue to both India and China however, has to be accepted and haste has to be made even if slowly.

    The fundamental reality about borders in the 21st Century is that none can be changed arbitrarily between two sovereign nations of some consequence without causing great destruction. Copious blood has already been shed over this border and today both nations have substantial nuclear weapons as well as conventional arms capability to persuade us to rule out this option. If that much is accepted, the only option that remains is a negotiated settlement. There is no doubt that each side should be prepared to make substantial compromises. But, the framework of a settlement has already been agreed in 2005 at Premier Wen�s last visit in 2005 under the Agreement on Political Parameters and Guiding Principles for the Settlement of the IndiaChina Boundary Question. This clearly rules out the possibility of exchanging populated areas.

    While there may be concerns today to make the borders porous, access to holy lands and pilgrimage places should have easy though controlled access. This will address so called claims based on religious sentiments. Fortunately most places along our common borders are uninhabited and hence minor changes in lines drawn on maps should have easier chance of acceptance.

    The question of the Kashmir border with China has caused recent concern in India. This need not really be the case. Once again on the Jammu & Kashmir question the position of both India and Pakistan has evolved. An exchange of territory, howsoever desirable to either side is not a realistic and even a desirable option. Hence converting the de-facto to de-jure is the issue between India and Pakistan. This will also have to be the option between India and China. This would require a leap of faith and bold political leadership.

    Admitted that such leaps are not the preferred options for realistic politicians aspiring to return to office a background of trust and friendship has to be created. Which in turn should be based on carefully crafted win-win situations for both. This is where other major approaches become important.



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