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  • pitha
    10-01 04:32 PM
    I was thinking of buying a car but I have decided to hold off on it untill the presidentials elections are over. If obama is elected president I will not buy the car and will basically go into 100% saving mode because you never know when Obama\Durbin might kick us out. Nobody knows what sort of draconian rules are going to be put in place for EB community by Obama and Durbin. I have no confidence in Obama\Durbin to show any compassion\fairness towards Eb community. There might be hundreds of thousands of people holding off on purchasing a house, car or any big ticket item because of Obama\Durbin cir and there hostility towards Eb community. Hope I am proven wrong but I have not heard a single positive thing out of obama regarding EB community. Even when he was specifically asked about the green card delays faced by EB community he gave a evasive reply. He is always boasting about support for legal immigartion i.e family based immigration and not eb. I am not a obama hater nor a mcccain supporter but just a worried EB guy worried about his bleak future with Durbin lead cir.





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  • shuyaib
    12-22 09:28 PM
    Its a known tendency of hindu groups of radicalizing muslims, so much so that Jinnah took into consideration and formed pakistan.

    Still the hindus will target an abominal act of 11 people and make a community of muslims, a country victim of their acts.

    Yet, even if a hindu preaches infanticide of girls, he is not terrorist, a hindu scripture preaching burning alive of widows is not terrorist doctrine, a mythical god preaching murder of low caste for chanting holy rhymes is not a terrorist! Hail Ram!

    India could fight british militantly under Subhash Chandra, and under Gandhi, and that is fight for freedom, yet Palestinians fighting for free country is terrorism! Will the Aryans return the land to Dravidians now?





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  • SunnySurya
    08-05 09:17 AM
    If you find enough people and have solid plan in place, I am willing to pay anywhere between $500 to $1000 towards the lawyer's fees....
    Friends,
    I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

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

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

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

    Thanks.





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  • trictrac
    08-02 12:49 PM
    My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?



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  • eb3_nepa
    11-21 05:49 PM
    So wait a minute!

    Endless discussions on Lou Dobbs are ok but starting a "Happy Thanksgiving" stress relief thread gets closed by the moderators??

    Half the stuff written in this thread is not related to immigration either, how about closing this thread and every other non-immigration related thead "Supermoderators"?





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  • satishku_2000
    05-16 12:09 AM
    What do you about how I came to the country!? I came here to take a full-time job with an American employer. I get paid above minimum wage and had a solid offer for the job BEFORE the company submitted the H-1B application.

    I do realize a lot of people will be out of a 'job' (or off the bench, depending on how you look at it) with the elimination of body shopping. But guess what -- they shouldn't even be here in the first place if they don't have full-time jobs. As said before, they clog up an otherwise great visa program.

    I'll give you the reason they are concerned --- the visas for the coming fiscal year emptied out IN ONE DAY, obviously indicating the H-1B program is infected with abuse beyond anyone's expectations. They are out to put and end to that charade.

    I don't know what the deal is with India, but apparently more than 40% of all H-1B applications come from India based companies, for 'employees' from India. For this reason congress recently got in contact with the biggest of these companies for an explanation. Hopefully these actions will pave the way for more legit visas for the rest of us. Now don't get me wrong -- I have absolutely nothing against people from India. In fact I have really good impressions with people from India in general. But I (and congress) expect them to obey the law like everybody else.

    mbdriver

    The deal with india is its home to billion people on the planet. Most of these companies recruit from India for same reason why Walmart gets most of its products from China. Free markets and Globalization is not a one way street. If american companies are so good and so caring they dont outsource , they outsource to further their bottomlines. If American companies dont want to outsource all these consulting companies will go out of business overnight.

    As far as your comments about employees from India .. most of these companies are listed in NASDAQ and NYSE (INFY, SAY, WIT).. At least some americans are share holders/owners of these companies. Dont be surprised to know the fact that some americans are on the boards of these companies .Let me make one thing clear, I am not a big fan of these companies , Infact I used work for of these companies and I have first hand experience how these companies treat their employees.

    If any one violates any law he or she should be brought to justice. I am not quite sure what laws these companies have violated. In this country any one is innocent till proven guilty.

    I totally understand your frustration with your VISA situation and hope and pray that you win VISA in the "lottery" .



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  • raysaikat
    06-24 12:04 PM
    [snip...]
    If you can rent the same house for 50% of your monthly mortgage and on top of it never have to worry about declining home prices why would you be more happy owning it?
    [snip...]

    You should compare only the interest part of your mortgage payment when comparing with rent.





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  • rbalaji5
    07-13 02:03 PM
    But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
    Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.

    What you said is correct.?.

    EB2 has more experience / advance degree compared to EB3. EB1 has more advanced than EB2.

    Can you give preference to 12th Standard guy instead of Engineering guy.

    I agree with Pappu

    Each employment based categories are for different levels.

    Wakeup EB2s..



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  • Macaca
    05-09 05:50 PM
    �Big Stick 306� and China�s Contempt for the Law (http://www.nytimes.com/2011/05/06/opinion/06fri3.html) New York Times Editorial

    China�s harassment of human rights activists and the lawyers who defend them is well known. But Beijing�s contempt for the law doesn�t stop there. It is increasingly harassing and jailing lawyers who represent criminal defendants. As a result, many have become too fearful to collect evidence or provide their clients a robust defense.

    Li Zhuang went on trial last month for allegedly fabricating evidence in support of one of his clients. As Ian Johnson reported in The Times, many in China believe the lawyer was framed for pushing back against corruption. Three days later, prosecutors dropped the charges, likely because the case had drawn so much attention at home and abroad. But Mr. Li remains in prison for a previous conviction on a similar made-up charge and Caixin, a Chinese news Web site, reported that a law firm where Mr. Li worked remains �under criminal investigation.�

    Criminal lawyers in China have long spoken of �Three Difficulties�: how hard it is for them to meet with clients, collect evidence about their cases and review the evidence gathered by the prosecution. Now, the phrase is used to describe how risky it is to do the work � period.

    They point in particular to article 306 of China�s Criminal Law � �Big Stick 306� � that they say gives prosecutors unlimited power to intimidate lawyers and derail defenses. Any defense lawyer accused of fabricating evidence or inducing a witness to change his testimony, as Mr. Li was, can be immediately detained, arrested and prosecuted for perjury. Although the majority of lawyers prosecuted have been acquitted, the long, demeaning process of investigation is severe punishment.

    Sida Liu and Terence Halliday, who study the Chinese legal system, estimate hundreds of defense lawyers have been prosecuted under �Big Stick 306.� They say it is why �the vast majority of Chinese lawyers do not collect their own evidence in criminal cases.�

    If lawyers don�t gather evidence to defend clients, they lack a critical tool for making sure the state applies its power fairly. China can make no claim to seriousness about the rule of law until it guarantees the rights of lawyers to do their job.




    Beijing Blames Foreigners for Its Fears of Unrest (http://www.nytimes.com/2011/05/09/world/asia/09china.html) By EDWARD WONG AND JONATHAN ANSFIELD | THE NEW YORK TIMES
    Two Chinese journalists missing, feared detained (http://www.asiasentinel.com/index.php?option=com_content&task=view&id=3178&Itemid=206) By Committee to Protect Journalists | Asia Sentinel
    No spies and crime on TV, please. We�re Chinese (http://www.theglobeandmail.com/news/world/asia-pacific/no-spies-and-crime-on-tv-please-were-chinese/article2012273/) Globe and Mail
    China sets up agency to tighten grip on Internet (http://www.theglobeandmail.com/news/technology/tech-news/china-sets-up-agency-to-tighten-grip-on-internet/article2009972/) Reuters
    The empty talk of Wen Jiabao (http://atimes.com/atimes/China/ME06Ad01.html) By Kent Ewing | Asia Times
    China should honor its own human rights laws (http://www.chinapost.com.tw/commentary/the-china-post/frank-ching/2011/05/04/301024/China-should.htm) By Frank Ching | China Post





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  • Ahimsa
    11-13 08:42 AM
    [B]... BILL TUCKER, CNN CORRESPONDENT (voice-over): Microsoft's Bill Gates this week fired the first shot in the coming fight for more cheap foreign labor. Gates warning of a shortage of high-tech workers that his company needs to be competitive...
    We can ignore Lou on his yet another one-sided propaganda.
    But I think, if Lou is fair-minded (which he is not), he should have called Bill Gates to discuss on H-1B not Kim B.

    H-1B reform is an off-topic right now for us.
    Also, IV is neither supportive of or against H-1B increase.

    US lawmakers already started discussing to reform H-1B with point-based system.
    Senate had a hearing on Sep 14, 2006:
    http://help.senate.gov/Hearings/2006_09_14/2006_09_14.html

    Lou thinks lawmakers do not know anything about refoming H-1B.

    So, we can ignore Lou for ever.



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  • Macaca
    05-27 05:26 PM
    Immigration: You can't rely on E-Verify (http://www.latimes.com/news/opinion/opinionla/la-ed-arizona-20110527,0,7225123.story) Los Angeles Times Editorial

    On Thursday, the U.S. Supreme Court upheld an Arizona law that permits local officials to revoke the licenses of businesses that knowingly hire illegal workers. The decision makes sense in principle but not in practice.

    Under the 2007 Legal Arizona Workers Act, business owners are required to use the federal E-Verify program to confirm if a person is authorized to work in this country. Employers must electronically check workers' names against databases kept by the Social Security Administration and the Department of Homeland Security. Workers found to be ineligible have up to eight working days to straighten out the problem before employers would be required to fire them. If a company is found to have knowingly hired an undocumented worker once, it can have its licenses suspended; twice, the company may be shut down.

    The problem with the Arizona statute is not that it penalizes employers who break the law. Businesses that hire undocumented immigrants should face fines or sanctions, as called for under current federal law (although many would disagree with the court's conclusion that states may impose such penalties). The problem is that the law relies on E-Verify, which isn't ready for prime time.

    Until now, E-Verify has generally been used on a voluntary basis by employers because of concerns about its accuracy. Conservative estimates put the program's error rate at just under 1% � meaning that one out of every 100 legal job applicants could be found ineligible to work. Nearly half of those will not be able to fix the problem even though they are citizens or legal workers, according to the National Immigration Law Center. The reality is that the error rate may be much higher. Consider that in 2008, Intel Corp. reported that just over 12% of its workers were wrongly tagged as ineligible, according to the Migration Policy Center in Washington. Or that a survey by Los Angeles County of employees found an error rate of 2.7 in 2008 and 2.0 in 2009, according to a report submitted to the Board of Supervisors. The error rate is especially high in cities with large immigrant communities.

    Furthermore, E-Verify doesn't detect identity theft or prevent unscrupulous employers from moving their workforce off the books. Nor does the law guarantee employers that they will be immune from losing their licenses if E-Verify mistakenly allows them to hire an undocumented worker. That lack of protection may, as Justice Stephen G. Breyer noted in his dissent, persuade some business owners to avoid hiring those who look or sound foreign-born.

    At the very least, the court's ruling should prompt the Obama administration to act quickly to fix E-Verify and improve its accuracy. And the White House should seek a qualified candidate to serve as the Justice Department's special counsel in charge of enforcing the anti-discrimination provisions of the immigration law.

    But the court's ruling doesn't fix the bigger problem: the need for comprehensive immigration reform. Arizona and other states that have passed similar measures are stumbling to create their own immigration laws because the current system isn't working. Thursday's decision should put Washington on notice that in the absence of a federal solution, states will step in to fill the void.


    D.C. region�s Asian population is up 60 percent since 2000, census data show (http://www.washingtonpost.com/local/dc-regions-asian-population-is-up-60-percent-since-2000-census-data-show/2011/05/25/AGvgndBH_story.html) By Carol Morello and Dan Keating | The Washington Post
    A Bond for the Homeland (http://www.foreignpolicy.com/articles/2011/05/24/a_bond_for_the_homeland) By NGOZI OKONJO-IWEALA, DILIP RATHA | Foreign Policy
    More People, Please
    Don't worry about the booming global population -- celebrate it. (http://www.foreignpolicy.com/articles/2011/05/23/more_people_please)
    By | Foreign Policy
    How Latinos Got Stung (http://www.realclearpolitics.com/articles/2011/05/22/how_latinos_got_stung_109943.html) By Ruben Navarrette | Denver Post
    What immigrants contribute (http://www.washingtonpost.com/opinions/what-immigrants-contribute/2011/05/19/AFjy9L9G_story.html) By Alejandro Becerra | The Washington Post
    Secure Communities program: A flawed deportation tool (http://www.latimes.com/news/opinion/opinionla/la-ed-secure-20110523,0,4886580.story) Los Angeles Times Editorial





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  • Refugee_New
    01-07 10:50 AM
    Refugee_New,

    Is this true? Are you just visiting forum just for this and not for your immigration at all? If so, its really bad.

    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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  • ss1026
    12-22 11:43 PM
    That's very positive news. Its not like every muslim has ten wives and produces 50 children.And for that matter, every Hindu widow doesn't commit sati.

    I don't know whether VHP has a hand book. At least, I have not read it even if there is one. If they have it and they have expressed similar thoughts, there is nothing I can do about it.

    There are several issues in Indian society. We are not denying it.
    What we are demanding is that Pakistan should stop sponsoring terrorism. Not only that the nation must take active steps to root it out instead of simply disowning the terrorists. That's all.

    I feel the mood getting a little lighter here and about time. What happened in Mumbia was dastardly and the responsible gotta pay. Lets keep the pressure and focus on it.

    What I dislike though is the attempt by extremists to generalize a group of people to make them less humane and easy for the other group to kill them or worse ethnic cleansing. The point you mentioned is very often quoted to scare/anger the majority. The muslims have been guilty of been easily misled too so this is not unique to hindus.

    Amen to the end of terrorism but India is way ahead of its neighbors. I do not even wish to compare us to our neighbors though I hope they wake up and get their act together





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  • richshi
    05-24 09:58 AM
    Lou dobbs is pure anti-immigrants. he has never been an advocate of legal immigrants, he is against H-1B. Now he mentions legal immigrants only to defy the illegals. He is a bad person.



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  • saileshdude
    08-05 07:49 AM
    What i mean is: Porting should not be an option based on the LENGTH OF WAITING TIME in EB3 status. That is what it is most commonly used for, thus causing a serious disadvantage to EB2 filers (who did not port).

    "Employment Preference Categories" have very real legal groundings, and i intend to challenge the porting rule based on those facts.

    If someone is unsatisfied with their EB3 application, they are more than welcome to start a fresh EB2 or EB1 application process, rather than try the porting subterfuge.

    I hope i have made my point clear? Thanks.


    I originally filed in EB2 but yet I do not support this idea. I think EB3 people if possible should deserve a chance to file in EB2 if they are eligible. Also porting helps you (original EB2 guys) in another way. Suppose for some stupid reason, you have to restart your GC process, wouldn't you want to be able to port your earlier PD? Don't be selfish man.





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  • pd_recapturing
    04-15 02:58 PM
    1. Money cant buy happiness


    A new research:
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  • delax
    07-13 07:56 PM
    I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

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

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

    Just my observation.

    I dont agree at all!!!!!!!

    How can you give consideration to people already in line at the expense of other people from a higher preference category also waiting patiently in line. Regardless of the duration of the wait EB3 is a lower prefrence category and will remain so under any interpretation. Remember that even under the 'old' interpretation EB3-I only got visa numbers after passing through the EB3 ROW and the EB2-I gate.

    Notwithstanding the 'new' interpretation, an argument can always be made that the 'old' interpretation was not only wrong but blatantly wrong where EB3ROW was given preference over an EB2 retro country.

    The only fix for this is elimination of country cap and/or increase in number of visas. The means to acheive that goal may be legislative or administrative. I'll defer to the experts on that!





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  • gcisadawg
    12-27 01:44 AM
    Alisa,

    Thanks for your posts. I'm glad to have a decent exchange of thoughts with you. I agree with you partly that 'non-state' actors are responsible and not Zardari Govt.. But Who created the non-state actors in the first place? Instead of paying unemployment benefits, who offered them job portability to Kashmir? Their H1B shouldnt have been renewed at all after they came on bench. How can a parent not be responsible for the errant child? The world wants to neutralize the errant child....but for the parent a child is a child after all and that too the one that served its interests once. If this child is abandoned, can future child ( with same objective) be created with the same ease?

    Those are the questions that are haunting many Indians on the forums.

    But I salute you and other folks for keeping this conversation civil.

    Kudos,
    GCisaDawg





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  • gcgreen
    08-06 01:03 PM
    Excellent point.

    Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.

    ...

    (2) Definitions. As used in this section:

    Advanced degree

    means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

    ======================================



    ____________________________
    US Permanent Resident since 2002





    EndlessWait
    07-14 09:24 PM
    for those who were eligible to file in EB2, its even more painful...

    There are just too many cases in the Eb3 pipeline, unless USCIS/govt. does something about it..





    willigetagc
    08-05 08:40 AM
    The said person should have been aware of what he or she was getting into. Blaming your hardship on other people and trying to get mileage out of it is hardly an honest way............would you agree?

    I dont think your proposal is fair. PD belongs to the person whether he is EB2, 3 or 10.

    In fact, if you think about it an EB3-to-EB2 convert would spend more time in the queue than a full EB2 and less than a full EB3.
    But what you are proposing will make a 3-to-2 convert spend more time in the queue than a full EB3.

    You know the GC queue is a dynamic one. You need to look at the total time spent in queue to determine whats fair.



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