среда, 29 июня 2011 г.

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  • lfwf
    08-05 06:49 PM
    I think it is all subjective. You ask “Do years spent doing MS/Phd have no value?”. A person who has 5+ years experience will ask “Do years spent working have no value?”.

    Just think of a scenario where a person who right after finishing a degree gets into masters because he had money and another decides to work for whatever reason (he could not afford could be one reason), The former finishes his MS and applies GC right away, how can the latter person who waits for an extra three years and apply get ahead of the former?.

    Now you might say “ No dude, I did not have money, I worked for 2 years and then got into MS”, like I said it is all subjective. You pick a case that augurs well for your argument and I chose a scenario to counter yours.

    I think it is fair to equate 5 years of work experience (remember, to qualify for EB2 you need to have PROGRESSIVE work experience, you need to show some progress/advancement in that 5 years) with 2+ years of MS. I had more than 5 years of experience and I applied in EB2 and now I am doing my masters. Will I withdraw my GC application and wait to apply after I do my masters?. Hell no.



    I believe you missed the entire point.
    YES the people with work expereince can ask that question- and in fact they ARE getting the benefit of those years.
    Now, answer the question- why are the years spent in MS/PhD not getting any credit?
    Whether you have money or not is irrelevant nonsense. This is like complaining that you are married so cannot have a girlfriend- that is your problem pal. Make your own choices, don't blame others for them. What does it have to do with immigration lines?

    I'll answer for you since you refuse to be objective.

    The benefit of doing an advanced degree was placed in law as the ability to get a job in a higher preference category. That takes care of the lost years in getting a PD. When a person in EB3 becomes eligible for EB2, that's great, he/she gets to reapply and move to EB2 and take the benefit of the improved GC cut off dates. At this point if this person ALSO ports an old PD based on the years of work, which others in the EB2 category cannot use (they were training) it becomes a disproportionate advantage.

    If you and I both came in 2000, and I did a PhD and you worked..(this is not that far from my story- so it's not completely fictional), your PD might be 2002 and mine may be 2007. Now you are as close to current in EB3 as I am in EB2. Now if you jump to EB2 without porting), you would be 2008 (or even 2006) and given faster movement in EB2 you benefit. If you jump with porting, I'm totally screwed. You are way ahead of me simply because I chose to get the degree. Does it begin to make any sense? You are asking for the ability to get a GC because you have waited "x years". So HAVE I!!!!
    Except that my PD does not reflect it like yours. If you still insist you have first right...well that's your opinion.


    I'm posting this mainly to frame the debate properly. All I hear from most people is innuendo and accusation. Everyone but the poster is a fraud, while the poor EB3 poster is genuine and cheated. What rubbish! There is some basis for angst over porting dates, just as there is basis for angst over people being stuck in EB3 because their employers chose it that way.




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  • GCOP
    07-14 10:53 AM
    I did not mention anything like that. Just a request to allocate some Visa Numbers to EB-3 (India), which is retrogressed in 2001 since many years. I modified that format letter.
    Did you mentiopn like Phani_6 that your lawyer filed Eb3 on advice from DOL inspite of you qualifying for Eb2?




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  • tanu_75
    07-28 03:52 PM
    dont ever ever dare to compare India and USA.


    A little touchy here are we. I thought we were skilled immigrants and could hold a mature conversation.


    And the President should never wait for Illegal immigrants to pass Legal Immigration. In USA immigration means it is Legal. not illegal. He is playing politics with every one. Please understand that. The US unemployment on Tech sector is only around 3 % that is not a big issue.

    First of all, the President doesn't create policy, the Congress does. And please answer my question of why he should focus on a few hundred thousands when millions are out of their jobs, economy is in crisis and a couple of wars to fight. I'm just saying in terms of priorities we don't fit and I'm fine with that even though from a selfish perspective it hurts us. With regard to the unemployment rate:

    1. Not all EB immigrants are tech sector employees (esp in EB3)
    2. Even if we consider the population of tech EB employees, some in the American Congress and public *could* argue that lots of these jobs could indeed be done by Americans if they are trained. If you look at the trend of outsourcing you know that it's really not that hard to find somebody who can code in Java/C++ etc. I'm not saying that's true but just saying that's an argument that could be given forward by people who say that the nation's overall unemployment rate could be helped by training people for tech oriented jobs where unemployment rate is low. This is already happening with science and tech initiatives at the middle/higher education level.




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  • sledge_hammer
    03-24 02:17 PM
    Again, I am not the one you should be asking to define "full-time" and "temp" type jobs. Ask USCIS or DOL or whoever is going to adjudicate your green card.

    I am simply saying that if USCIS has made a distinction between perm job and temp job, AND if they feel that consulting job is of temp type, someone along the line has dropped the ball and missed this. They also missed the fact that the employee needs to work at the LCA specified location. They also missed (or circumvented) that benching is not allowed.

    You can blame anyone and everyone for it. Maybe the immigration attorneys were the ones that should have warned both the employers and employees that consulting jobs do not fit the H-1B requirement. Maybe USCIS was sleeping all the while and suddenly they decided to start enforcing this. But the fact that they can ALL-OF-A-SUDDEN claim that H-1B visa is for permanent jobs only, AND that employees need to stay in the LCA location means that our lawyers, employers, and employees were incompetent in their judgment and did not do their due diligence to protect against potential audits and queries.
    I am telling you the same thing I told the other guy .... you don't need to give me justifications.

    Just hope that USCIS will buy your story!

    sledge_hammer,

    Why don't you define what a "permanent" job is ?
    You think FT job is a permanent job and consulting is a temporary job ? I don't think so.

    There are consultants working for years in a consulting firm. ( Don't bring H1B into the picture) . There are many FT employees being laid off from companies before contractors are let go. Contractors are temporary from a client's perspective not from the sponsoring employer's perspective.

    Try to define a permanent vs temporary job in US without bringing H1B into the picture.



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  • puddonhead
    06-07 05:39 PM
    5% per month is easily attainable with some options strategies. But not everyone has the temperament/stomach/psyche for active trading.
    Reward checking accounts are your friend....
    Reward Checking Account Discussion (http://www.fatwallet.com/forums/finance/775437)


    They typically have some requirements like you may have to
    1. Make 8-12 debit card transactions a month. Automatic payments for small amounts are usually your friend here.
    2. Some of them may also need one or two direct deposits per month into the account.

    The max balance up to which they will pay this interest rate is usually 25k. If you are rich - simply open up more than one at different financial institutions.

    Right now - the rates are in the 4% range - but this is a very unusual time. I have seen rates in 6-7% range most of the time.

    And if you are worried about risk - I guess nothing in this world can beat FDIC insurance in terms of risk hedge. I don't mean to say that the US government can never go bankrupt. In fact - the current strategy to spend spend spend out of the recession increases that chance. But there is NOTHING, not even stuffing your money in your mattress (hint: inflation) - which is superior in terms of preserving your capital.




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  • shensh
    04-09 01:33 PM
    Chill out pal, please don't exaggerate how much people value academic degrees in real business world. Holding a Ms or PhD degree alone doesn't necessarily mean you're an asset to this country, nor to a particular employer. I have Ms degree from US institution and I don't think it matters much to my employer, everything is based on performance.

    I agree that H1-B visa should be granted to people who fill a real business need, not those who are unfortunately treated as unlimited supply for body-shoppers making their fortune selling hours of H1-Bs. In this perspective, the idea of restricting companies with 50+% H1-Bs is brilliant. I wouldn't worry about management consulting firms like BCG or McKinsey, I bet they don't have half of their consultants under H1-b. :-)

    Quote:
    pete
    --------------------------------------------------------------------------------

    EVERYBODY wants those doing Ms and PhD in certain disciplines to stay. They do no harm AT ALL and actually are an asset.

    Consultants need to be curtailed.



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  • snathan
    01-06 05:56 PM
    Exactly. Hamas was the need of the hour for Palestinians and that why they choose their government. We may call them terrorists, but they are their legitimate government. People always chose leaders who fight for their right. Now you brand them terrorist and that will give you free hand to kill them and their people. Thats what happening. Isreal doesn't want anyone to stand up to their aggression. At the end, its poor people and children who get killed.

    If Hamas is the need of hour...why you cry foul?




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  • xyzgc
    12-31 01:29 AM
    Dear xyzgc,

    As a fellow Indian I understand your anger about India's inaction. In no way India can match America.

    Look which countries America attacked after 9/11 ?. Hopeless Afganistan and throughly beaten Iraq. These countries are no match for America.
    America can attack half way from the globe and attack other unequally matched countries. Do you think US will attack Russia or China like Afganistan? It will think thousand times because of sure mutual destruction it will bring. Now Israel is thrashing Hamas which is not at all a regular army.
    Do you think Israel will touch Iran ? Iran will torch Israel.

    So, it is the kind of measuring the capacity of the enemy and acting accordingly.

    If India attacks Pakistan, Pak will surely use their Bramastra which is atom bomb.India again retaliates with another 10 atom bombs and full Pakistan and half India will be in ashes. Do you want that ?

    Again , this kind of massacre may happen in future . Who knows ?. But, I am sure we can't hit Pak like America.

    I am also thinking in line with Alisa's . To avoid castration from US army , these Taliban kind of people send some misguided youths to attack, thereby diverting the issue and diverting the Pak army to India border.

    The only way to solve this problem is the self realisation of Pakistan . Terrorism is like a double edged sword. It will harm both parties.

    " Unless the thief understand and realizes his misdeeds , nobody can destroy theft " - Famous Tamil poet Pattukotai Kalyanasundaram.

    Pakistan is no Iran and India is no Israel. Pakistani cowards will not use Bramastra. They know it will bring their own destruction. These people are such cowards they won't even fight a regular open war, because they know they cannot win - it took them 4 wars to realize that. Where is the question of Bramastra?
    The best they will do is to keep biting and nibbling our flesh by sending in the terrorists and these are the very terrorists we must attempt to root out.

    I would have ordinarily appreciated the lines you quoted from Tamil poetry. I am very fond of poetry myself although I don't understand Tamil.
    But there is a big difference between small time theft and terrorism and the same idea can't be extended to it.
    And do you think we should continue to invite terrorists, while we wait for degraded, corrupt Pakistani dictators to attain self-realization?

    Amma, I know you have excellent values and this is a very nice quote, but these values won't curb terrorism. Gandhi was a saint but the entire world is not a saint.
    These mass-murdering islamic hordes, this floating sewage-crap, need to be wiped out. Nothing else will work.



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  • GCBatman
    01-06 12:58 PM
    Got a red with following comment
    "hey stop acting like a policeman you desperate immigrant.. think beyond your GC"
    I want to tell this anonymous fella that yes I am desperate immigrant & have been waiting for my GC from last 8 years that's why I am on this form & if you want to post this issue post it on relevant site not here FORM IS ONLY FOR EB RELATED ISSUES.


    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.




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  • optimystic
    04-06 02:08 AM
    Excellent analysis Jung.lee

    Summers are OK, but desis want their houses warm enough in the winter for a lungi or veshti

    I couldn't control my laughter. You have a good sense of humor too

    Wow...do people wear lungi at home in winter !! May be in the temperate climates of bay area and further down in So Cal :)

    But up here in North Cal (Roseville), where quite a few times the lawns freeze during early winter mornings, I feel cold even with full length fleece pants inside my home!! :D . But anyway, that might just be my excuse to not wear a lungi :) ....Never liked wearing it when I was growing up as well...preferred pajamas !



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  • kuppas
    04-09 02:18 PM
    The requirement 2f is good and now the companies can not exploid the H-1B cap.

    The requirement 2g is good too. There are lot of consulting companies don't pay properly to the employee though they charge lot of money from the client. This requirement at-least restrict employer who makes lot of money and buying multiple house, playing in the stock market, drinking in the bar, doing research by sleeping.

    There are lot of consulting companies fake the resume and says that candidate has more than 5 years of experience but actually candidate has only few months of text book experience. How do you differentiate such people with actual experience?

    Personally, I hate the consulting companies who just aims to make money instead of running business genuinely.

    -Kuppa




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  • Ramba
    08-05 02:28 PM
    Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

    Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

    On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

    SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..



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  • GotGC??
    08-07 03:20 PM
    UN,

    Glad to see you back in the forums!

    Do you have any idea why attorneys strongly discourage their clients to travel after filing 485 but before receiving the receipt notices?

    If you have a H/L visa it may not problem to re-enter US with your visa, but will it affect the 485 filing if you did not have the receipt notice when you traveled outside?

    Once 485 is filed you can leave and re-enter the country if you have H or L visa.

    You don't need to wait for the actual receipt.

    Problem occurs if you leave before august 17th; thinking that lawyer has sent the case when he really hasn't and you were out when ucis receives the package. Eventually; uscis would figure it out and could deny the case becuase of this.

    Also, not wise to leave before august 17th; because if the package gets returned for whatever reason then you need to be here to send it in again and you would have to update with new passport pages with stamps and i-94 card and date of last entry, etc.

    I understand that people have to go out on business but they are unnecessary complications that people are doing.




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  • GCapplicant
    07-14 09:26 AM
    Why is EB3 India unhappy?

    The impression I am getting from all posts is that EB3 is unhappy because EB2 got 2 year advancement in dates. EB3 is unhappy not because of their own retrogression but because someone else is happy being current.

    The reason is not justified. EB3 should be unhappy for its own retrogression and not because someone else in EB2 is current. I see a lot of EB3India guys waking up now to the reality and protesting just because EB2 is getting greencads. This approach is wrong. Where were all of you all these months when IV was asking letters for admin fixes? A lot of us were busy enjoying our EADs and suddenly everyone is woken up. Where were all these guys when visa bulletin came every month and dates did not move?

    I would support an action item for us EB3 folks only when it is based on the genuine reasons of EB retrogression. If it is based on the reason of EB2 getting greencards and EB3 not getting greencards, it is a wrong immature reason and USCIS or any authority capable of decision making will not like it.

    EAD cannot give a solution.We knew that from day 1 .EB3 is unhappy because we havnt got any movement.Will any EB2 here support our cause.I am seeing forums where they have alreday started tracking their LUD's.Fine...Human mentality is when they are out of the problem nobody will turn back.Just becoz we are making fuss out of here there are one or two getting ready to point on us that we are unhappy.How do you expect us to be happy?

    How long we have to wait?

    3 solid years I was waiting for my 45 day letter then it took 6 months to get my labor approval.atleast if it had moved same like EB2 we can again sit and watch the show.

    Fine ,even I feel , this EB2 movement if taken as a possitive movement ,I can expect EB3 ROW to be current by Oct 2008.When they interpret the spillover will that help EB3 single state to move.
    Sometimes I do feel this has been done to fail the bills and break the team effort by IV-see how we are questioning ourselves-right? but will any Eb2 care for us-its our mistake to apply in EB3 and beleiving the old tradition.

    How many of us are there since 2001 nov.any answer.How long can we wait?its impossible.



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


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

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

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




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  • dealsnet
    01-07 10:49 AM
    Satan (Lucipher) is trying to take people from god. He will not repent. He is taking more followers every day. They are called children of satan. They are brain washed. Prepared for hell. He want company of more human souls. So these things will repeat all over the world. I feel sorry for you guys.

    Keep barking the same thing again and again. This is not going to make even a small dent on my faith. The more you hate, the more we love our faith.



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  • pd_recapturing
    08-05 10:55 AM
    Rolling_Flood, great idea to benefit just U'r own GC cause. If you are positive about U'r logic why don't you go ahead and file a lawsuit. Looks like your true intention of creating this thread is to create a divide among IV members. Already members had a tough few weeks (in terms of unity) after the Aug bulletin. Now you are poking another rift.

    The EB classification is for a future job. Since the person is qualified, he ports to EB2 midway so what. The GC is for a future job, and when the person gets his/her GC, he/she is qualified for that position at that time. So what is U'r logic??


    If you want to truly fight the system them fight for a common basis for EB classification. There are cases where the same job title has been classified under all 3 categories. Example

    Senior Programmer (say Bachelor's with 5 yrs exp)

    Files under EB1 : because he/she came L1, qualification might be few yrs exp.
    Files under EB2 : because he/she has 5 yrs of exp and the attorney was smart to classify it as EB2.
    Files under EB3 : because of company policy or based on bad attorney advice (conservative approach).

    The above example shows that if U'r company and attorney is smart U can get U'r GC faster.

    If you are keen on doing a lawsuit why not
    File one against USCIS for wasting thousands of visa's over the past few years, which is the source of this backlog.
    Or file one against DOL for taking n number of years to get the LC done.
    Or file one against 245 filers who clogged the USCIS system which is causing USCIS to be inefficient.
    Man, you hit the nail on the head !!! Thats precise the point, I was trying to say in my last post (somewhere on page 1) ... The whole eb2/eb3 qualification, job requirements etc can be rigged easily by employer/lawyers ...There is no black and white in this game ..




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  • sanju
    05-17 10:08 AM
    You have no arguments that make sense. You are arguing that doing something illegal is a great thing to do. Not so. And yes, I do support the bill as it will weed out some fraudsters from amongst us, who give the H-1B program a very bad rep.

    The problem is not that it will "weed out some fraudsters from amongst us", the problem is that it will also force deserving people to leave, people waiting in line for 6 or more years in green card line. No one is arguing that "something illegal is a great thing to do" but the argument is, it is justified to implicate and screw-up someone who has done nothing wrong. Durbin-Grassley bill says that it intends to stop abuse and it goes ahead to screw-up everybody. Do you think that everybody here waiting for employment based green card is "illegal"???




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  • ssa
    06-25 03:19 PM
    And according to your theory, renting is a better investment? Throwing your money away is a good investment to you? Then I don't think we are on the same page.

    If your monthly rent is less than your mortgage and you do not believe the house price is going to appreciate in near term (both true in the area I live in) then renting is NOT throwing money away. Don't borrow lines from realtors. If you pay more for living in a comparable house and your house is not appreciating what's the return on your money that you are paying extra?




    alisa
    12-27 12:08 AM
    So what in your opinion is the reason for the state and the government of Pakistan to provoke India, with the risk of starting a war with India that Pakistan cannot win, at a time when the economy is in a very very bad shape and there are multiple insurgencies and regular suicide attacks within Pakistan?


    Not at all.
    My 90 year old grandmother did this.




    dealsnet
    01-07 11:05 AM
    You want what??
    Bombay is attacked, our mother land is attacked. Our brothers and sisters are killed. They didn't done anything wrong. They are not maratis alone, from all over India. Children of Mother India. They are killed not during war, or during firing rockets, but were going for work, for feeding their family. Bombay is not a war Zone or disputed territory.
    You are furious, because your fellow muslim are the killers. You are loving the religion above the nation you live. Minority among the muslims live india, but support the pakistan or any terrorist only because of religion. Go to pakistan or saudi, if you don't like india. Love India or leave India. Same apply to USA.
    I have seen in bangalore muslims support Pakistan during cricket match between India and pakistan. I have heard they clapping evry time Indian wickets are fallen.

    After getting my GC, i visited this forum many times, helped a couple of forum members on how to contact congressman, sent them the draft letter etc on how to approach Ombudsman, congressman etc. I took help from this forum and i will try to return my favor to this forum.

    I highly regarded this forum, its core team and its members until "Mumbai attacked" thread was open. I knew that it will be a nasty thread and it will foment hatred towards one particular religion and its followers. And it did cause a lot of damage to members of one particular group including myself.

    Core team didn't stop this. They didn't even reminded the rules and regulations of this forum. That led to IV turning into HIV. This is not the right forum to discuss about politics especially war/terrorism etc. I don't know if IV will make it as a policy.

    I created this thread just to remind people that there are so many ruthless people/group/organization around the world that kill innocents mercilessly. I didn't create this thread to rally support for any particular group or speak against any particular faith or any particular country.

    I could have started this thread when the killing began two weeks back but i didn't. I started this when innocent school kids were massacred using missles and later it was justified. There are still so many heartless/mindless members sitting and supporting/justifying this brutal killing.

    Anyway, i'll sign off and i won't post any more message in this thread again.



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