anilsal
11-11 08:52 PM
Lou seems to be a prominent member of CNN. So it is going to be difficult to remove him.
Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.
Also Joe Scarxxx/Pat Buchanan on MSNBC are anti-immig.
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rbharol
04-07 04:37 PM
Is IV core planning to get in touch with Compete america to find what they
think about this bill and what is their plan of action?
think about this bill and what is their plan of action?
unitednations
07-17 12:08 PM
UN..
from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
I am of the opinion that one should stay on h-1b as long as possible. As you can see a lot of people have started to go through their status issues. If one starts using EAD and employer revokes 140 then you will be in big problems.
Yes; I do know people who got greencard based on future base employment. Before Jan., 2005 it was an automatic interview if a person wasn't working with the petitioning employer when they filed the 485. However; now it doesn't cause an automatic interview.
When USCIS asks for tax returns/w2's in their RFE; they are checking whether you maintained status and also whether it is reasonable that you will be taking the job. That is; if you are currently employed with company a and your w2 is $120,000 but you are getting greencard through company b and the offered wage is $80,000 then uscis will question your intention.
from your experience...
I would like to file for my GC filed thru my ex-employer in 2003, i140 also is approved and hoping the dates might be current in October.
I know it is safest route to join the ex-employer before filing 485,but I am not sure if he has a project around that time for me. The HR is always ready to give the required employment letter to hire me as a full time employee once I get my permanent residence card.
Now, my question is it safe to take this route, cos once we get the EAD and advance parole we will start using them with the spouse starting to work(so no more H4 status etc)..or any hitches as to during the interview will we have a hard time as to why I was not employed during 485 stage etc..
All the cases I see is people r filing 485 working with the current employer and plan to change jobs after 6 months..but my case is different..
Have you seen/known anyone getting GC without working for the sponsoring employer during time time of filing 485..?
I am of the opinion that one should stay on h-1b as long as possible. As you can see a lot of people have started to go through their status issues. If one starts using EAD and employer revokes 140 then you will be in big problems.
Yes; I do know people who got greencard based on future base employment. Before Jan., 2005 it was an automatic interview if a person wasn't working with the petitioning employer when they filed the 485. However; now it doesn't cause an automatic interview.
When USCIS asks for tax returns/w2's in their RFE; they are checking whether you maintained status and also whether it is reasonable that you will be taking the job. That is; if you are currently employed with company a and your w2 is $120,000 but you are getting greencard through company b and the offered wage is $80,000 then uscis will question your intention.
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sc3
07-14 05:29 PM
I definitely feel that EB3 should go ahead with this campaign. there has to be some fairness ...if we don't speak up then year after year, the same thing will happen and maybe in 2015, EB3 will get spillover visas. those who are writing against EB3 --tell me this, if a person who has come to US in 2007 and he has applied during the july fiasco ..and if he gets preference over a EB3 person who is still stuck with a PD of 2002 ..would you still say that the system is fair ???
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
yes, we should continue with the campaign. However, I am more concerned about getting what has been already made available to us. While I am willing to play by the rules and wait, I am not willing to cede my place in the line.
Asking for 2 to 1 ratio etc. is something new, and will require legislative process, on that I am not an ardent supporter, there we can just request (and hope for the best), but in making sure we are getting what we were promised is demanding the best.
my point is let there be a little spillover ...maybe in a ratio of 2 to 1 ..but a little bit atleast ..is that asking for too much ???
yes, we should continue with the campaign. However, I am more concerned about getting what has been already made available to us. While I am willing to play by the rules and wait, I am not willing to cede my place in the line.
Asking for 2 to 1 ratio etc. is something new, and will require legislative process, on that I am not an ardent supporter, there we can just request (and hope for the best), but in making sure we are getting what we were promised is demanding the best.
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HopeSprings
08-06 10:48 AM
Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.
I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.
sroyc,
What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.
I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.
sroyc,
What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.
vroapp
04-12 03:05 PM
agree.
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DSJ
05-16 12:08 PM
This is exactly my point. In my view, since have seen both worlds, each one has their own adv and disadv. But eliminating body shopping does not solve todays H1-B shortage issue. They can do many things like limiting no's of H1B per company, release H1B quota quarterly like greencard.
Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.
Do you know that 70-80% of H1Bs are on working on Consulting basis to complete the short-term/long-term assignments. They are the bread and butter of US IT business, not the full-time H1bs working in-house, who again takes a consultant to complete his job.
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GCapplicant
07-13 09:53 AM
The EB3 situation is really bad...I have the calling part too...and its stressful to see EB3I not having any good hopes though.
I am in signing this letter.
its worth a try.Atleast they will come know there is Eb3 stuck for many years beacause of the backlog.the old applications have not been considered at all.
I request even EB2 to support this cause and help.
I am in signing this letter.
its worth a try.Atleast they will come know there is Eb3 stuck for many years beacause of the backlog.the old applications have not been considered at all.
I request even EB2 to support this cause and help.
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Refugee_New
01-06 04:08 PM
Alright dude, you asked for it. Here it is .
Mosque : http://www.youtube.com/watch?v=jwP_LusgPAw&feature=channel_page
School : http://www.youtube.com/watch?v=zmXXUOs27lI&feature=channel_page
If you think, that Hamas is not doing a terrorist attack and endangering innocent civilians by their own actions, you are incredibly naive.
I am interested in a peaceful solution and free state for Palestine, but this won't happen until Hamas is there. They used the agreed ceasefire to smuggle weapons through their tunnels and are now using them to bomb Israeli civilans.
Israel's response is much more in magnitude, but can be justified. Imagine someone constantly lobbing bombs into Delhi neighborhoods every other day. How long would you sit and watch? At some point, you need to take action to remedy the problem and also send a message to the guys responsible not to try this again.
Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.
But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man. You are condemning the killing of 4 Isrealis and not even bothered to feel about 600 innocent palestinians including school kids. What a hypocricy and what kind of human being you are?
Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood and this world is watching silently. So called leaders of peaceful nations are encouraging this massacre. This is what troubles me.
Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.
Mosque : http://www.youtube.com/watch?v=jwP_LusgPAw&feature=channel_page
School : http://www.youtube.com/watch?v=zmXXUOs27lI&feature=channel_page
If you think, that Hamas is not doing a terrorist attack and endangering innocent civilians by their own actions, you are incredibly naive.
I am interested in a peaceful solution and free state for Palestine, but this won't happen until Hamas is there. They used the agreed ceasefire to smuggle weapons through their tunnels and are now using them to bomb Israeli civilans.
Israel's response is much more in magnitude, but can be justified. Imagine someone constantly lobbing bombs into Delhi neighborhoods every other day. How long would you sit and watch? At some point, you need to take action to remedy the problem and also send a message to the guys responsible not to try this again.
Recently during Diwali celebration, one boy fired a rocket and it killed more than six people in Tamil Nadu. Offcourse this rocket was made in Sivakasi and it was an accident. It was a fire cracker. A simple fire cracker can make big accidents like this.
But whole world is crying that Hamas fired 7000 rockets and killed innocent civilians and Isrealis are defending thier nation by killing thousands. What a crap man. You are condemning the killing of 4 Isrealis and not even bothered to feel about 600 innocent palestinians including school kids. What a hypocricy and what kind of human being you are?
Hiding behind Civilian, hiding behind school kids, hiding in hospitals - Full of bullshit lies told by jewish owned medias like CNN and Fox. Have you ever heard from any moderate palestinians about thier plight? This is what those media feed us.
Infact Isreal blocked medias including CNN from entering Gaza. Why? They don't want the world to watch their attrocities. Simple.
I neither support Hamas nor justify their action. My point is, one nation is freely killing civilians and school kids, bombard schools, infrastructer, bomb goverment and civilian buildings, destroy roads and bridges, hospitals and destroying everything including their livelyhood and this world is watching silently. So called leaders of peaceful nations are encouraging this massacre. This is what troubles me.
Its so pathetic and funny to see the world asking Hamas to stop firing and at the same time encouraging other side to kill more and more.
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andymajumder
05-15 11:59 PM
I agree completely with mbdriver. It is unfortunate that very qualified candidates who are really smart and have job offers from Fortune 500 companies are unable to get H1B visas (I have seen a couple of such cases in my company) because Indian consultancy companies are applying for H1B visas in bulk some of which they are not even using. This abuse of the system has to stop, I know of scores of people, even people from grad schools in US who have applied for H1B through consultants even though they do not have any genuine job. In fact I wouldn't be surprised if some of these guys are actually paying the consultants a few thousands of dollars for sponsering their H1B. Kudos to Congress for trying to fix this problem and trying to get to the root of this problem rather than arbitarily increasing or shutting down H1B. I hope they do take actions to close these loopholes.
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
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
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chintu25
08-06 11:12 AM
"It looks like the Senate and the president have finally agreed on an immigration bill. ... This one looks like it could become law and, of course, nobody likes it. The conservatives say the bill gives amnesty to the illegals. The liberals say it doesn't go far enough to protect the hardworking immigrants here in America. And the L.A.P.D. doesn't know who to beat up." --Bill Maher
"The liberals are saying that this guest worker program ... is really just a way to depress wages and create a permanent underclass of exploited labor. To which the president said, 'And the problem is?'" --Bill Maher
"President said in his speech that immigrants have to learn English. The immigrants said, 'Hey, you first.'" --Jay Leno
"President is down in Mexico right now. Again, I don't think President gets it. As soon as he stepped off Air Force Once, he looked around and said, 'Wow, you got a big problem with Mexican immigrants down here, too.'" --Jay Leno
:D
"The liberals are saying that this guest worker program ... is really just a way to depress wages and create a permanent underclass of exploited labor. To which the president said, 'And the problem is?'" --Bill Maher
"President said in his speech that immigrants have to learn English. The immigrants said, 'Hey, you first.'" --Jay Leno
"President is down in Mexico right now. Again, I don't think President gets it. As soon as he stepped off Air Force Once, he looked around and said, 'Wow, you got a big problem with Mexican immigrants down here, too.'" --Jay Leno
:D
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akred
04-08 08:02 PM
IBM and Oracle will survive without H1B as they will hire US workers and set back will be temporary for them. So this bill is targeting the Indian bodyshoppers who are running company just by H1b persons. This was expected for long time. If it is not happening now it is going to happen in a few years. We knew that hundreds of US companies went out of business after 2000 as they were not able to compete with Indian consulting companies because of rate.
If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -
1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.
2. Prohibition of consulting due to prohibition of outplacement.
3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.
If this bill passes as it is, then the impact will be much greater than targetting bodyshoppers. To reiterate, problematic aspects of this bill are -
1. Requires a labor certification like process for all H1B applications regardless of whether application is for new employment, transfer to a new job or an extension of a previous job. This will lead to greater job insecurity for the H1B worker as there will be multiple chances provided to prove availability of US workers instead of the single step process today for the formal labor certification for a green card. This process would be similar to the bully who insists on multiple chances to provide the right answer, and the right answer is pre-determined.
2. Prohibition of consulting due to prohibition of outplacement.
3. No differntiation between the role H1B plays as a market access mechanism for foreign companies and as a bridge to the green card for domestic companies.
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bondgoli007
01-06 04:03 PM
Another muslim hater who justify organized crime and killing and support the killing of innocent school kids and civilians.
Hiding behind civilians and schools and mosques???? 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?
Refugee Now,
I believe the thinking needs to be done by the moderate muslims like yourself all over the world. Do you agree that Hamas is a terrorist outfit? Do you agree that no good can come with them as the decision makers in Palestine? Do you agree that by NOT re electing Mahmoud Abbas and the Fatah party, the people gave mandate to a outfit (Hamas) that was seeking the end of the ceasefire with Israel?
How comel you stand quite when the terrorists all over the world most of them who cite Islam or the defense of Islam as a reason to cause havoc and terror? It is clear you can have a strong voice when protesting the tragedies like in Gaza, how come the same voice is missing when the perpetrators are Islamic like in the case of Mumbai?
I whole heartedly join you in bemoaning the human loss in this conflict and pray for peace.
Hiding behind civilians and schools and mosques???? 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?
Refugee Now,
I believe the thinking needs to be done by the moderate muslims like yourself all over the world. Do you agree that Hamas is a terrorist outfit? Do you agree that no good can come with them as the decision makers in Palestine? Do you agree that by NOT re electing Mahmoud Abbas and the Fatah party, the people gave mandate to a outfit (Hamas) that was seeking the end of the ceasefire with Israel?
How comel you stand quite when the terrorists all over the world most of them who cite Islam or the defense of Islam as a reason to cause havoc and terror? It is clear you can have a strong voice when protesting the tragedies like in Gaza, how come the same voice is missing when the perpetrators are Islamic like in the case of Mumbai?
I whole heartedly join you in bemoaning the human loss in this conflict and pray for peace.
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alisa
12-30 01:48 AM
I think I agree with quite a lot of what you say. But I think there is some truth in Pakistani fears that India is already supporting anti-state actors in Pakistan, like in Balochistan.
India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan.
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.
India is not yet spending its resources, and we all want India to spend substantial budget, say over $50 billion an year, to destabilize & disintegrate Pakistan.
I don't think we all want that.
I don't think even all Indians want that.
I don't think its in the interest of India, or anyone else for that matter, to have a huge Afghanistan on its Eastern border.
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sledge_hammer
06-27 09:17 AM
hpandey,
Excellent points!
Hirala/puddonhead,
You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.
I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!
EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!
Thank you Mr. Hiralal for your condensending post . Your trying to explain it slowly will not make your argument strong.
I am not trying to justify my homeownership to you or anyone else here. I am just presenting the real facts that apply to my case. I did not buy a house to get rich neither would I become rich if I rented.
I bought a house only a few months back and not in the real estate bubble time. I have paid a good price for it and my mortage is the same as my rent . The house has four times the area of the apartment I used to rent and is in a very very good area . So why should I go on renting.
Anyway my primary reason to buy was for my 2 year old who ( and my family ) need more space to live rather than a cramped two bedroom apartment. I don't know about you but I have spent 9 years in this country . GC is no where in sight. Waiting for GC and wasting valuable years of your life living in a rented accomodation don't make sense to me when you can get a nice big house for your family at a very good price and low mortgage .
Maybe you believe all these media articles but these are written for a broad view.
Everyone is unique and every situation is unique. There are a lot of places in US where the prices did not fall that much and there are some place where they are in fact rising now .
Mortgage rates are low now as are the home prices after correction but what about mortgage rates two years from now ? I can't predict if the home prices will go down or not since that depends on the location but I can say this for sure that mortgage rates will go up .
Homeowners like me don't have our heads stuck in the sand as you say - I spent a good two years 2007 and 2008 making calulations , waiting for the right time and finding a good valued house at a good mortgage rate.
We are not as stupid as you think.
Thank you .
Excellent points!
Hirala/puddonhead,
You guys are still going by popular news article and media hype. You fail to understand the ground reality. I bought my house last year in a great school district. I used to pay $1,250 rent for a single bedroom condo of 800 sq ft. I could have as well flushed that money down the toilet. My house now is 1600 sq ft living area + completed basement + garage + deck, all for $2,500 (mortgage + insurance + tax). I'm in the 30% tax bracket and I know I'll get a huge tax benefit. My quality of life has been great with the addition of space in my dwelling.
I'll have to reiterate - do not generalize your opinions. What's happening in Detriot is NOT happening everywhere!
EDIT: The rent in my area for my home is of course not $2,500 but between $1,800 to $1,900. After tax deduction I'll be paying the same amount (or a tiny bit more) as a renter. If my home apprecites, I gain, if it doesn't, I DON'T lose anything. But I were a renter, my loss is guaranteed!
Thank you Mr. Hiralal for your condensending post . Your trying to explain it slowly will not make your argument strong.
I am not trying to justify my homeownership to you or anyone else here. I am just presenting the real facts that apply to my case. I did not buy a house to get rich neither would I become rich if I rented.
I bought a house only a few months back and not in the real estate bubble time. I have paid a good price for it and my mortage is the same as my rent . The house has four times the area of the apartment I used to rent and is in a very very good area . So why should I go on renting.
Anyway my primary reason to buy was for my 2 year old who ( and my family ) need more space to live rather than a cramped two bedroom apartment. I don't know about you but I have spent 9 years in this country . GC is no where in sight. Waiting for GC and wasting valuable years of your life living in a rented accomodation don't make sense to me when you can get a nice big house for your family at a very good price and low mortgage .
Maybe you believe all these media articles but these are written for a broad view.
Everyone is unique and every situation is unique. There are a lot of places in US where the prices did not fall that much and there are some place where they are in fact rising now .
Mortgage rates are low now as are the home prices after correction but what about mortgage rates two years from now ? I can't predict if the home prices will go down or not since that depends on the location but I can say this for sure that mortgage rates will go up .
Homeowners like me don't have our heads stuck in the sand as you say - I spent a good two years 2007 and 2008 making calulations , waiting for the right time and finding a good valued house at a good mortgage rate.
We are not as stupid as you think.
Thank you .
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brshankar
08-05 10:27 PM
Rolling Flood,
There are only 3000 visas allocated to EB2 India category every year. If they didn't allow spill overs from EB1 to EB2 then the PD for EB2 India will be UNAVAILABLE just like EB3 India and EB3 India guys would not want to port to EB2 because it does not help them.
The main reason EB2 India is moving fast is because of the spill overs from other EB categories. OK I agree that EB2 India should get spillover visas from EB2 ROW but why should they get EB1 spillover visas? Is EB2 = EB1? Why can't they allocate the EB1 visas equally between EB2 and EB3. See it is the law that allows for visas to spillover from EB1 to EB2 and then to EB3. Same way it is the law that allows for EB3 to port to EB2.
Please dont make this a big deal. Nothing is perfect, we can find fault in everything.
To my fellow IV members,
Lets not fight. We need each other to win this battle. Lets win it together.
Thanks
There are only 3000 visas allocated to EB2 India category every year. If they didn't allow spill overs from EB1 to EB2 then the PD for EB2 India will be UNAVAILABLE just like EB3 India and EB3 India guys would not want to port to EB2 because it does not help them.
The main reason EB2 India is moving fast is because of the spill overs from other EB categories. OK I agree that EB2 India should get spillover visas from EB2 ROW but why should they get EB1 spillover visas? Is EB2 = EB1? Why can't they allocate the EB1 visas equally between EB2 and EB3. See it is the law that allows for visas to spillover from EB1 to EB2 and then to EB3. Same way it is the law that allows for EB3 to port to EB2.
Please dont make this a big deal. Nothing is perfect, we can find fault in everything.
To my fellow IV members,
Lets not fight. We need each other to win this battle. Lets win it together.
Thanks
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unitednations
07-08 05:31 PM
united nations,
welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!
I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.
The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.
Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.
Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.
This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.
Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.
Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.
If they didn't use up the visas then that is where the lawsuit would be won.
A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.
If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?
The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.
This might be a catalyst to change the spillover and carryover of greencards from one year to the next.
----------------------------------------------------
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.
welcome back. it would be interesting to hear your views on the whole July VB fiasco and it's aftermath. thanks!
I along with everyone was pretty surprised that they moved the dates in the june bulletin; let alone the july bulletin.
The ombudsmen report had nothing new in it; he has been saying the same thing for a few years now.
Go back to June 2005 when the bulletin for July 2005 came out and it made eb3 unavailable. Any time a total category goes unavailable that means that the oversubscribed countries should not have gotten more then 7%. ROW cannot be sacrificied under the current law for the oversubscribed countries.
Back in 2005; row was sacrificied. Next time october bulletin came about; they learned their lesson and followed the law exactly the way it was supposed to be; more cases pending then approvable per quarter then hard country quota of 7%. The statistics that came out for fiscal year ended September 2006 was directly correlated to how the law is written.
This year; everything was moving the same way. the unused from ROW should be spilled over in the fourt quarter for use by oversubscribed countries. This is not my opinion but the actual law says this.
Now; when department of state moved the visa bulletin for june; eb3 row still wasn't current; which means hard country quota of 7% and no spillover from eb1 row or eb2 row until July. This can't be done on a whim; regardless of whether this may cause unused visas; it is the law plain and simple.
Now; what department of state and uscis did to correct the mistake is a great piece of americana and how the system works here. that is; we didn't expect you to make the dates current; we will lose a lot of revenue; so how can we correct the situation; to correct the situation; they need to approve enough cases to take up enough visas to go unavailable. This is what they were proabably instructed and did their best to get there.
If they didn't use up the visas then that is where the lawsuit would be won.
A big part of this lawsuit during discovery or Q&A would be how the whole visa allocation is done. If it is determined as a side issue that the spillover happened way too early and they broke the law by giving more then 7% of the visas to the oversubscribed countries then that is definitely a death blow to the people who are really being overzealous right now in the criticisms of dos/uscis.
If this does come out and i can't see why it wouldn't come out then what is uscis to do? rescind approvals? and re-allocate to rest of the world?
The unused visas is a big problem in AC21; in that it can only happen in fourth quarter and there isn't enough time to approve cases and let them go to waste.
This might be a catalyst to change the spillover and carryover of greencards from one year to the next.
----------------------------------------------------
I am of the opinion that what happened in june 2007 actually helped greatly the oversubscribed countries in probably advancing the dates for next fiscal year as many people got approved who probably shouldn't have.
However; it reamins to be seen whether uscis/dos will go to strictly following the country caps and spillover like they did in October 2005 to September 2006. If this is the case then it could be a very long road indeed for people with 2005-2007 priority dates.
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soni7007
08-06 02:42 PM
yes, ofcourse it makes a difference for lot of people, i was just stating my case.
Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.
My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
But as i said, i personally do not see any value in getting the GC a few years earlier or later.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
Yes, EB3 person (e.g-A) can acquire skills over a period of time and so does a person who went for higher education and is EB2 (e.g-B). They both should be equal, but what porting does is makes "A" ahead in line of "B" which i think is unfair.
If there was no porting, A has a PD of 2002 (in EB3) and B has a PD of 2005 (in EB2), then they are almost in the same position, which i think is fair.
My situation is different because i haven't applied for labor, so i am not undermining my education. If i was to apply anytime, i would apply for EB1 or EB2.
But as i said, i personally do not see any value in getting the GC a few years earlier or later.
But for some getting a GC earlier makes a huge difference in their lives. Ask someone whose kid might just be a few months before he/she becomes 21 (A colleague in my team is in that situation). Ask someone who is dire need for extra money and wish to become permanent.
I had told in an earlier post, it all depends on individual situation, some people cite an extreme case to put forth their point and some other counters that by citing an extreme case on the opposite end.
So you mean to say that an EB3 cannot acquire superior skills over a period of time?.
Seriously you should, otherwise you would undermine the value of your education. It runs counter to your argument that EB2 Masters has more value and deserves not to be clubbed with EB3 while you are willing to stick on to an EB3 PD. Something doesn�t sound right here�
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Refugee_New
01-06 02:14 PM
violence is a two way sword..
its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.
i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
I support that palestinians be given their right to self rule.. but they should learn to live and let live..
so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?
grow up.. kid..
Its another form of supporting state sponsored terrorism. Do you think people go and seek refuge in schools? Its what these biased media feed us and this is what we consume.
This is how they justify their killing of innocent school kids and civilians. They don't even spare kids. Shame on us who try to justify the killing.
News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?
its not that hamas is doing gandhigiri there.. even though they were elected to rule palestine..those morons instead of providing good governence and hope to their ppl..have resorted to some mindless/aimless bombing of Israel.
i care that kids are getting killed... but dont you care then when one of ur jihadi blows himself up..and many innocent get killed.
I support that palestinians be given their right to self rule.. but they should learn to live and let live..
so you are saying.. u can kill ppl in the name of god..and when someone responds..u squirm like a toad?
grow up.. kid..
Its another form of supporting state sponsored terrorism. Do you think people go and seek refuge in schools? Its what these biased media feed us and this is what we consume.
This is how they justify their killing of innocent school kids and civilians. They don't even spare kids. Shame on us who try to justify the killing.
News media says Palestinians have fired 6000 to 7K rockets into Isreal. But what they show is all Isreal aerial bombardment. Have they ever shown damage caused by Palestinians?
learning01
05-24 11:59 AM
how can you say that the increase is not fair? Do you know how dependent and hungry these American Corporations, Universities or Research labs are? These are operating on a global scale. Innovation and Entrepreneurship are global traits. That's what these employers are seeking and getting.
And Why not? A coke that costs about 5 c, the concentrate is made here and sent to China, Vietnam or Africa and sold 10 times more. And part the money comes back to this country, to its investors?
Come on, you can't be so simple and naive? Grow up my friend. Read a wide variety of subjects. Tune less to the idiot box (TV), that shuts out all logical and analytical human ablities; instead it sways folks.
The need for high skilled professionals is market driven and need based. Why would one spend atleast 10K to try to get even one H1. In advertising, in Labor Certifications, in foreign recriutment, then bringing him here.
Brother, nobody does H1 employment for charity or social service. Not in this country. Not in any country. On the contrary. This country has dire need for nurses and other health care professionals. They are getting them here on a straight Green Card, on a silver platter. I am sure you must be aware of that.
Americans are simply not enrolling in these high risk, hard work professions. period. QED.
What say you?
Folks,
And Why not? A coke that costs about 5 c, the concentrate is made here and sent to China, Vietnam or Africa and sold 10 times more. And part the money comes back to this country, to its investors?
Come on, you can't be so simple and naive? Grow up my friend. Read a wide variety of subjects. Tune less to the idiot box (TV), that shuts out all logical and analytical human ablities; instead it sways folks.
The need for high skilled professionals is market driven and need based. Why would one spend atleast 10K to try to get even one H1. In advertising, in Labor Certifications, in foreign recriutment, then bringing him here.
Brother, nobody does H1 employment for charity or social service. Not in this country. Not in any country. On the contrary. This country has dire need for nurses and other health care professionals. They are getting them here on a straight Green Card, on a silver platter. I am sure you must be aware of that.
Americans are simply not enrolling in these high risk, hard work professions. period. QED.
What say you?
Folks,
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.)...
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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