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  • coopheal
    01-07 10:15 AM
    Refugee_New already got the GC. I have read his some previous posts too and after that I doubt his commitment for the IV goals.

    People responding to him please understand, either we can focus on efforts which will help us getting GC faster or we can continue to discuss this topic.




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  • unitednations
    03-26 04:26 PM
    That is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

    It isn't always to "get back" at the employee.

    That being said, UN, I would love to hear your thoughts on this situation,

    Person leaves employer X (140 approved, more than 180 days since 485 filing, etc.) and joins employer Y on EAD (under AC21).

    Employer X revokes 140 so as to not run into any issues like you pointed out. Nothing personal against the employee, just business.

    That person after a while decides to go back to employer X (485 is still pending) under AC21.

    Does the USCIS look at that as okay to do? Or do they question the employer's intentions since the employer had earlier revoked the 140.

    Thanks in advance for sharing your opinion on this.

    I know that many people don't like it when their companies revoke I-140. They are not under any legal obligation to do so once the 140 is approved.

    However; to protect all the people who are still there then they should revoke the 140 for people who have left so there is less burden to prove ability to pay in case uscis adds up all cases together. I work on a lot of these cases and they are pretty complicated to solve.

    There was a case which we termed "baltimore" (mainly because it was decided by baltimore local office); essentially AAO said that a person can use ac21 within the same company (ie., for another job, another work location, etc.). That opened the door which some smart ass employers started to exploit. If one of their employees was eligible for ac21 they justified it by revoking 140 (even though person is still workin with them) and doing labor substitution for another candidate by thinking that first person is protected and i can use it for second person.

    From a purety point of view; in your scenario since there is no labor substitution then it shouldn't be a problem; however, in pre labor substitution days if you went back to work for the company in ac21 and they used the labor for someone else then it would pose some challenges.




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  • alisa
    04-07 12:32 PM
    Why don't we let CompeteAmerica and Bill Gates and the geniuses in congress/senate figure out what the adequate number or H-1s should be. We don't care if the H1 numbers go up, or down, if I am not mistaken.

    We should only oppose increased hardships/obstacles in the form of LCA/administrative hurdles for H-1 renewals. Something that will only enrich the lawyers more, and increase the workload for USCIS.

    Whether there should be 65K H1s, or 115K, or zero. That should not be our concern.



    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.




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  • sk2006
    06-05 02:53 PM
    Totally agree ! To add, the decision to buy a house for people like us (who are stuck in this muck) also depends on the life situation you are in. Meaning, the decision to buy a house inspite of the uncertainity was over-weighed by the fact that my kids need to enjoy certain things. Watching them play with kids of their age in the neighborhood, riding a bicycle or playing with the water sprinkler while I sip my beer is priceless.

    Yeah, but why do you have to BUY that house to live in it if in the same neighbor hood same or similar house can be rented at much lower price?

    Kids can still play and enjoy the sprinklers and you can still enjoy your beer. Isn't it?

    Infact we have attached a sense of pride in owning even if we can't afford it. I am not talking about you but in general. People bought 700K houses in 100K salary. And this is a VERY good salary but it still can't afford a 700K house!



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  • srikondoji
    09-26 03:05 PM
    We should talk to the campaign officials of both Obama and John McCain. We should clearly articulate our case and lead this effort more vigorously with whoever that wins the election.

    Here is my Point if we educated legal immigrant community support Barack or John ( though its a virtual support because we are not eligible to vote:))

    If Barack doesn't win this 08 election economy is going to go further down , unemployment rates will spike , DOW will further nose dive , more banks will be bankrupt ( today morning WAMU broke 9/26/08) and there will be NO EMPLOYMENT BASED REFORM in such a Turbulent Job Market Situation.

    Anti Immigrant Groups will scorch the phone lines and will probably gather support from neutral peoples as well and scuttle any EB REFORM if the economy is bad. Their point is Americans are Jobless and you are giving Permanent Job Permit to Foreigners and any one will buy it - how much we SCREAM and SHOUT that we already have a Job, you know !

    Now tell me if you want to support Barack Obama OR John McCain - take it EZ




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  • irock
    07-14 02:17 PM
    couldn't say it better.

    About same time last year we had different "schism" on these forums: July 2007 filers with approved labor who could file their 485s Vs those with older PDs but unfortunately stuck in BECs. Most of Eb3s who are outraged today are July 2007 filers. Any guesses how many of them requested BEC victims back then "to be happy" for others and not rock the boat?

    The unfortunate fact is that although everyone here is convinced of their moral high ground it is nothing more than self-preservation at the end. If it was just that it would still be fine (human nature) but still more unfortunate is the fact that we as a group never get this riled up - except few notable and respected exceptions - as long as everyone is equally miserable. Only if we had so much participation in all action items (admin fixes, house bills, funding drive etc.)...



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  • Refugee_New
    01-06 02:27 PM
    Refugee_New,

    It all depends on people's mind. You don't need to answer me, and I am sure you are pure by heart as my many muslim friends.

    It depends where your bias is. Are you (you means in general people, not you particularly) biased to religion or you are biased to humanity! When a christian or hindu gets killed, if it doesn't pain you as much when a muslim gets killed, you are more biased towards religion.

    People are biased towards religion often shelter under humanity sentences to prove their point. But quite ofter they become onesided. Like People were igniting fire crackers in Pakistan when Mumbai massacre happened. When one of them gets killed, they shout on name of humanity.

    My sympathies are with poor innocent kids of palestine got killed.

    But people should come out and unshelter terrorists who live in civilian facilities. Same as Dawood & Azhar Masood. People want to harbour them but them if other country takes military action to capture them and some civilians killed because they were in civilian area, it is bad to shout on name of humanity. BECAUSE IN THAT CASE THEY ARE REALLY NOT INNOCENT.

    It pained me a lot when terrorist struck Mumbai and i did condemn the mindless killing just like fellow Indian and Indian Muslim. Don't you think Muslims in India united and showed their unity and condemned Pakistan?

    Don't compare terrorists like Dawood and Masood Azhar with those who are elected democratically by people of their nation.




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  • gcisadawg
    12-23 01:02 AM
    Though I sense your intent, I am too feeble to carry the burden even a fraction of the weight of your point. And I am not even trying to be modest here. Though there is a quite a bit of work to be done for moderate muslims to come forward and lead the way, Muslims have a very proud history (along with issues like most religions/races). Lets hope the people on all sides tone down the rheotric and live and let live

    You are right. It is futile to pick a person and to make him a representative of a billion humans. No matter if that person is deemed as a terrorist, a moderate or virtue personified. Ultimately, a person is a product of his/her circumstances. He/she might be moderate/personification of virtue now but who knows what circumstances he encounters and how his/her thought process metamorphose.



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  • xyzgc
    01-01 01:23 PM
    Only for Hindi speaking people...This Quote from Ramdhari Dinkar's Poem
    ...
    Kshama shobhti us bhujang ko
    Jiske paas garal hai
    Uska kya jo dantheen
    Vishrahit vineet saral hai
    ....

    Which means.....Pardon(forgiveness) looks nice if you are Strong and forgiving a weak...It will funny if a weak person says that he is forgiving a strong opponent.

    For reading whole poem goto this link (top is in English script /and Translation in English and scroll down to read it in Hindi)
    http://poems2remember.blogspot.com/2007/01/shakti-aur-kshama-strength-and-mercy.html

    Thanks for posting the link to this poetry, its very relevant to the current situation. Always knew some lines of the poem but to read the actual one with its English translation is great. Do recall reading Dinkar's poems back in the school days, as part of the academic syllabus and some poems of Bachhan (the poet).




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  • ssa
    06-25 02:33 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.
    There are many homeowners who are underwater but not foreclosed. That does not make it a good investment. All I'm pointing out is unless your property's rent covers your monthly mortgage+property tax+insurance+maintenance and upkeep it can not be called a good investment. You should have positive (at least non negative) cash flow out of your rental properties. Is this a general case? I think not. At least in my area I'm 100% sure rent does not cover mortgage and the difference between the two is significant.

    If you have a negative cash flow on your rental properties then the only thing you are betting on is price appreciation of your properties (above inflation) in future which is speculation again.



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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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  • riva2005
    04-08 01:11 PM
    Guys you are unnecessarily raking your brain over this. This is a blatant anti immigrant anti eb green card bill disguised as h1 reform. The people who wrote this bill are the same people who were carrying placards saying "legal immigrants welcome, no to illegal immigration". Now do you really believe them? Even Jeff sessions was one of them and he is the number one opposer of legal eb immigrants.

    Pitha,

    You're going in the right direction. But a slight correction here.

    These guys...Sessions, Grassley etc dont really support or oppose anything on principle. Its not like they have made up their mind about what they think is right or wrong for the country. They are responding to their campaign contributors. Plain and simple.

    I can cite 2 such examples:

    Firstly, Senator Dianne Feinstein. She was against Amnesty. Thru and thru. Now, the spinach and lettuce growers lobbied her. Suddenly, she supported and sponsored Agjobs bill. And what does Agjobs bill have in it? Mini-Amnesty, but only limited to agricultural workers. And this change of heart didnt even take 6 months. Elected officials tend to be very flexible when you are suffering from weight of heavy and burdensome cash in your pockets that needs to be relieved.

    Another example, our own dear Senator Chuck Grassley from the State of Iowa. He is strong opponent of Amnesty. Believes in the rule of law. Always opposed to legalizing the illegals ... except when he doesnt. When does he not oppose legalization? When is co-sponsors Agjobs bill with Sen. Dianne Feinstein? You see, Iowa isnt exactly the Silicon Priarie if Bay Area is the silicon valley so he dunt give damn about them damn H1B scum. But Iowa does grow quite a bit of corn. And suddenly the corn has become a cash-rich crop due to Ethanol. So the farmers of Iowa had a heavy burden of the extra cash in their pockets. Senator Chuck Grassley relieved that extra weight of cash from corn growers and chose to co-sponsor the Agjobs bill that gives Amnesty to agricultural workers.

    This is the data from the Federal Election commission that tracks money in politics and www.opensecrets.org where there is a more user-friendly way to find out the same data of who gives money to whom in politics and lobbying.


    Senator Dianne Feinstein : 2005-2006 PAC Contributions
    Based on data released by the FEC on Monday, February 19, 2007.

    Obtained from www.opensecrets.org : http://www.opensecrets.org/pacs/memberprofile.asp?cid=N00007364&cycle=2006&expand=A07

    TOTAL Agribusiness $97,000

    Crop Production & Basic Processing $47,000
    American Cotton Shippers Assn $1,000
    Blue Diamond Growers $3,000
    Calcot Ltd $1,500
    California Avocado Proponent $1,000
    California Citrus Mutual $3,000
    California Cotton Growers Assn $500
    California Grape & Tree Fruit League $1,500
    California Rice Industry Assn Fund $1,000
    Farmers' Rice Cooperative $8,000
    Florida Crystals $1,000
    Louisiana Rice PAC $1,000
    National Assn of Wheat Growers $1,000
    National Cotton Council $1,000
    National Potato Council $1,000
    Nisei Farmers League $2,000
    Producers Rice Mill Inc $1,000
    Raisin Bargaining Assn $3,500
    Riceland Foods $1,000
    Southern Minn Beet Sugar Co-op $4,000
    Sun-Maid Growers of California $2,000
    Sunkist Growers $1,000
    USA Rice Federation $2,000
    Western Growers Assn $1,000
    Western Pistachio Assn $4,000

    Total Agricultural Services/Products $17,000

    American Assn of Nurserymen $2,000
    American Veterinary Medical Assn $2,000
    California Westside Farmers Inc $1,000
    Farm Credit Council $6,000
    Friant Water PAC $2,000
    National Council of Farmer Co-ops $1,000
    Nestle Purina PetCare $1,000
    Society of American Florists $2,000


    Senator Chuck Grassley : 2005-2006 PAC Contributions
    Based on data released by the FEC on Monday, February 19, 2007.

    Obtained from www.opensecrets.org : http://www.opensecrets.org/pacs/memberprofile.asp?cid=N00001758&cycle=2006&expand=P

    Total Agribusiness $34,500

    Crop Production & Basic Processing $1,000
    Dairy $5,000
    Poultry & Eggs $1,000
    Livestock $1,000
    Agricultural Services/Products $14,500
    Food Processing & Sales $8,000
    Forestry & Forest Products $4,000



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  • new2gc
    03-24 06:19 PM
    My Dear Friend:

    Why do you want to defend crooks? Instead of ackowledging the fact that desi consulting companies are exploiting loopholes, you rather want to know why other companies are not feeling the heat. This is typical of us desis. There is absolutely no introspection.

    For once, accept that we are at fault.

    Its like this - You are in school and your teacher catches you copying off the next person. Now instead of correcting yourself, if you complain to the teacher that another classmate was also copying so you should not be penalized, will your treacher let you go?


    Again, I am not defending anyone, I am saying that we should point all the consultanting...not just desi consulting ones...just don't descriminate...from your theory, it looks it is ok to copy unless you are caught.....I don't want to argue on this and deviate from the OP .




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  • akred
    08-06 01:26 PM
    Seems to me that the problem as usual is that too many people qualify for EB2 thus slowing down "genuine" cases.

    The solution to this is in the hands of the DOL. DOL can reduce the number of people qualifying for EB2 by simply doing away with the "business necessity" exception.

    In other words without this exception, people will qualify for EB2 only if their field requires an advanced degree due to law (e.g. doctors) or if an advanced degree is customary in the profession (e.g. academia). This will reduce the flow to EB2 by disqualifying the large number of professions where an advanced degree is merely discretionary and not mandatory (e.g. MS, MBA)

    But this is a very draconian measure and hopefully does not come into play.



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  • brad_sk2
    01-06 03:03 PM
    Thats why Indian Govt. freed ruthless terrorists to save innocent civilians?
    Don't write crap just for the sake of argument.

    When Indian government can release ruthless terrorists in order to save Indians, Do you think people belong to Palestinian govt. elected by Palestinians will hide in schools in order to get killed by ruthless enemy?

    Don't you hear the same lie again and again year over year? If Hamas is using school kids as thier shield, then how do you think Palestenian people have elected the same people who cause their kids death rule their country?

    Don't you think?

    Dude, why don't you stop the crap comparing Palestine situation to situation in India. They are different. Hamas is terrorist organization elected by the people & so they (Hamsas) are responsible for their civilian deaths as they use civilians as shield, PERIOD.




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  • abracadabra102
    07-14 08:47 PM
    Oh yes...today there are people who applied in early 2001(EB2-RIR) ...and waited untill end of 01 to get a NOD from DOL and then re-applied again in mid of 02 without retaining thier original PD of 01(EB3 Non RIR)..do you know?..most of you are from PERM that's why you are finding it odd ..!..DOL while sending back these cases did not let them retain thier PD's..

    we were qualified to apply in eb-2 and RIR and the economy and the WTC attacks made things worse..

    :)

    So what you are saying is - some EB2 RIR petitions were rejected by DOL and employers re-applied under regular supervised recruitment under EB3.

    How does this imply that "DOL advised some of us to file under EB3?"



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  • Marphad
    12-17 02:53 PM
    Now you may go and dig out my previous postings too!

    Ah! all these red dots are showered on me by you kinda folks for questioning this type of nonsense!

    Bring it on more (red dots) LOL

    Because when you speak something it is useful and when others say something is nonsense. Cool.




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  • Ramba
    07-14 05:33 PM
    What you have said is completely incorrect. EB3I stands to benefit the most from visa recapture legislation. The last time visas were recaptured was in 2000 through the AC21 legislation and as a result of the 230K or so visas that were added to the pool, the USCIS was able to keep PDs for all EB categories, EB1/2/3, EBI/C/ROW, everything current for nearly 4 yrs until 2005 when those extra numbers ran out and retrogression hit. I should know, I could have filed since 2002 but delayed because my less than knowlegable lawyer advised me when you file does not matter. I did not know didly about PD in those days.
    Anyway, when you say visa recapture does not hep EB3I, that is patently FALSE. En Contraire, it is the ONLY thing that can help that category.

    I 100% agree. When AC21 recaptured about 100K visas numbers in 2000, all the numbers were used to clear the backlogs in EB3 (and there were no backlogs in EB2). Infact, all the recuptured numbes came from EB2 and EB1 pool that were unused in 1998 and 1999. Thats why EB3 was current till 2004. Once AC21 numbers gone, DOS retrogressed both EB3 and EB2. In fact DOS did very big favor to EB3 by using EB2 numbers. Till 2006, DOS misinterpreted the AC21 law and allowed vertical spillover (EB2-ROW -->EB3-ROW). In 2007 they realized the mistake and interpreting the AC21 law correctly and allocating all 40,000 EB2 numbers only in EB2 catagory plus unused numbers from EB1 as per INA. As per INA, if anything left in EB2, then only it goes to EB3-ROW.




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  • hate_me
    01-07 06:36 PM
    Dude between 90,000 to 98,0000 people have been killed in suicide bombing and executions in Iraq from 2003 to 2008, more than 99% of them were muslims, and those suicide bombing and executions where conducted by muslims, your heart didn't bleed for them, why because they were muslims killed by muslims, so you are ok with that, but if muslims are killed by non-muslims in self defence then you talk about innocent muslims being killed. Hamas is ruling party and should be held responsible for the innocent killed because of their actions, if hamas wants they can stop firing rockets at israel and stop the israel from killing innocent civilians, but they are not doing that. But i guess you will never understand that.

    http://www.iraqbodycount.org/database/


    Now the killing has gone mad. Apart from k

    illing the innocent civilians, crazy war mongers started bombing schools and killing innocent school kids. Today two schools were bombed and more than 40 children have been massacred.

    Its sad to see school children being brutally killed by missles and tanks. I don't understand how people could blow up innocent kids, women and men under the name of self-defence?

    This world has gone crazy and there's no one questioning about this in-human atrocities committed against fellow human being.

    Lets us pray for those who are going thru this hardship, and for an immediate end to this war crime.

    How many more innocent civilians including children they are planning to kill?. All these so called peace loving nations blocking the UN from making a cease-fire resolution. Looks like so called freedom lovers want more innocent lives.

    When Mumbai was attacked by terrorists, whole world was united and supported the victim(India). Now the same world is against the victim and encouraging more killing by not stopping the attrocities.




    smuggymba
    07-30 11:53 AM
    I emailed Sen Hutchinson from Texas to vote NO for the DREAM Act and I called it "Organized and Controlled" amnesty as illegal kids who will get GCs will be able to sponsor their illegal parents for GC after 4 years.

    All the illegals who have kids in college will get get GC's in 4 yrs after their kids pass college while EB3 has to wait for 20 years. This is a joke. Look at the reply from the Sen below:

    On March 26, 2009, Senator Richard Durbin (D-IL) introduced S. 729, the DREAM Act, which would allow states to offer in-state tuition rates to long-term resident immigrant students. The bill also would allow certain long-term residents who entered the United States as children to have their immigration or residency status adjusted to conditional permanent resident status or permanent resident status. The DREAM Act has been referred to the Senate Committee on the Judiciary, on which I do not serve. Should S. 729 come before the full Senate, you may be certain I will keep your views in mind.




    GCwaitforever
    05-24 10:54 PM
    Can one understand that an automatic increase of 20% per year can cause hardship to citizens caught in a future and unexpected recession ? That's all I am saying.

    Folks, this is what concerns me. We are all very educated people and we cannot have a decent conversation. Many in this thread gets angry at me. As Lou Dobbs says, that is shocking. :-)

    Communique

    This is what I can tell you. Couple of my friends choose to go to China for job opportunitieis because that is where manufacturing base of USA is. For opportunities, Americans go to places like Dubai and Russia which are growth markets. In a global economy, job migration is common. It happens both ways - into USA and out of USA.

    Lou Dobbs rants about protecting American jobs all the time. Where was he when this was happening from 1980's when blue collar jobs were being shifted to China? USA lost more jobs in manufacturing than in IT outsourcing. His rants bring a sense of insecurity among American viewers, nothing else. The truth is Americans are most resourceful. When faced with a challenge, they find something within themselves, do something and earn a living for themselves. Current number of IT jobs in USA exceeds the number of jobs available during the peak of dotcom era. So infact the IT sector in USA expanded considerably from the dotcom time. Would not you expect a shortage of workers now, given low admission levels of US students in Technology fields? This shortage is part of the reason for expansion of outsourcing. And US universities fill their seats with bright foreign students, but there are not enough VISA numbers to keep these students here. Also USA population is aging rapidly. Part of the reason for nurses in high demand is this. More nurses needed to take care of patients, but not enough people in the profession.

    Congress cut down the VISA numbers after the dotcom bust to 65,000 from the height of 195,000.

    As for the salary stagnation, outsourcing is definitely one of the reasons. Big companies outsource their work to a cheaper place, and because of their presence in that country, offset offshoring costs against local revenue in that place, there by reduce the tax exposure in USA. This is a double advantage for them. Hence more inclination for outsourcing.



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