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lfwf08-05 03:53 PMIf that's the law then there is not much of a debate here!

I think admin should close the thread as the point of a lawsuit is moot.

Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.



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gc_check04-08 06:45 PMHi pitha,

Thanks for posting this info. Could you please share the source of this information?

None of us should take this bill lightly. There is a saying - "one should never watch sausage or law being made". The guys who vote on the bills, in most instances, don't actually know what they are voting on. Most lawmakers may vote in favor of this bill as the anti-lobby is warpping this bill around a message "this bill is to enhance protections for American workers, so are you going to vote against American workers?" As such most lawmakers could vote in favor of this bill. The current environment is very dangerous where most people watch news in the sound-bites and half of the Senate is running for President. In such an environment, if you ask Obama, Hilary, Dodd, McCain etc., they are all likely to vote in favor of this bill, without going into the nuances and actual implications of this bill. None of these guys would want to be headlines saying something like �Obama is against American Works�. No one will actually care to look at the long term implication of such a bill whereby most of the IT jobs will be outsourced.

From tomorrow, we should all email and inform everybody that we can, including our employers. What is the direction from IV core? We are all waiting for the matching orders��.

There was some discussion about H1B Program in CNN's Lou Dobbs program today and not surprised, as usual it was all against H1B... He had people form Programmers Guild speak and they mentioned about this Durbin-Grassley Bill and he also mentioned that in the house a similar Bill will be introduced by Congressman Bill Pascrell.
http://www.pascrell.house.gov/
Looks like, the Anit-Immigration / Anti- H1B/L1 are executing an already well planned strategy. We need to do something on this� else as someone wrote in some forum; this will be a slow-bleed and will eventually kill the h1b program. Now or never, we need to join hands and have to do what is possible to assist the core and ourselves.



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catopa07-14 09:11 AMsend the damn letter, nothing happens, and then come back here and vent your frustration again. as you said, buddy, HARD LUCK indeed !!

I cannot believe the nerve that you EB-3 India guys have. You are begging for a GC based on your length of wait!!! laughable at best...........go wait a decade or so more, then come back here and start this useless BS again.

one good thing happens for the EB-2 folks, and the EB-3 community cannot stomach it. pure freaking jealousy.

Sorry but couldn’t ignore this being an EB3-I applicant with more then 10 yeas in US and 7 years in GC processing. I think most of EB3-I are people who got stuck in this queue (specially during 2001/2002) have a master or more and applied in EB3 based on their employers/lawyers advise (My Case).

I think the quoted poster needs to understand the frustration that builds up with people who have been waiting in line for a long time. I don’t think EB3 is jealous but happy for our fellow country men who got the bright side of this mess.

Good luck and god speed to all.



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Macaca12-29 07:52 PMForeign dignitaries chafe at TSA policies (http://www.washingtonpost.com/wp-dyn/content/article/2010/12/22/AR2010122205461.html) By Colum Lynch | Washington Post

Hardeep Singh Puri, India's ambassador to the United Nations, last month ran headfirst into a controversial new Transportation Security Administration inspection policy for many foreign travelers.

At the airport in Austin, TSA agents demanded to inspect his turban. Puri is a Sikh, whose religion requires that the turban, or dastar, be worn in public to cover uncut hair. Puri refused the TSA order, citing an agency exception that allows Sikhs to pat down their own turbans to avoid intrusive searches and then have their hands tested for possible explosives.

The situation escalated when TSA agents initially ignored Puri's protestations and said they would decide what the rules are, according to an official traveling with the ambassador.

Puri told an Indian newspaper that the issue was resolved in about 20 minutes after he asked a supervisor to intervene.

The incident underscores the sometimes bumpy relationship between the TSA and foreign delegations traveling to the United States in an era of heightened security.

Diplomats are required to submit to searches, which intensified for many foreign travelers to the United States in January. The TSA put in place special procedures for greater scrutiny of individuals from 14 countries, most of them Muslim, prompting complaints from Muslim governments. (India was not on the list.)

In April, "enhanced random security measures" for all passengers were put into effect - including pat-downs, sniffing dogs and more rigorous explosives testing. And last month, the TSA approved even more invasive body searches, which posed particularly sensitive issues for passengers with certain religious beliefs and medical issues.

For globe-trotting diplomats, the U.S. government has offered since 2007 a list of "tips" to help them get through "the screening process easily and efficiently." It advises foreign dignitaries to carry two sets of credentials and warns that "screening may include a hand-wanding procedure and pat-down inspection." Searches, the memo says, will be conducted out of public view.

The episode involving Puri has roiled sensibilities in India, where Foreign Minister S.M. Krishna complained this month about the TSA's pat-downs of Meera Shankar, the country's ambassador to the United States. Krishna said Shankar was frisked twice in three months, most recently when she was pulled aside at the Jackson, Miss., airport and subjected to a body search by a female TSA agent.

"Let me be very frank that this is unacceptable," Krishna said.

Secretary of State Hillary Rodham Clinton said the State Department would look into the matter and try to take steps to avoid such international incidents.

State Department spokesman P.J. Crowley said in a statement: "The threat to aviation is a global challenge and every airport in the world is wrestling with how to best protect the flying public with as little friction as possible. We are all in this together. Our citizens are affected and those of other countries. Our diplomats are impacted, so are the diplomats of other countries. These situations in this country are certainly not unique."

A TSA spokesman defended the treatment of Puri and Shankar. The overwhelming majority of 2 million U.S. air travelers, the official said, have had a positive experience using the nation's airports.

Puri "was not required to remove his turban, and our officers worked with him to complete screening according to established procedures," said spokesman Nicholas Kimball. "We will continue working with our officers to reinforce all established policies, including those pertaining to the respectful screening of religious headwear and clothing."

Kimball also said that a review of Shankar's pat-down in Jackson demonstrated that the TSA agents "followed proper procedure."

"United States airport security policies accommodate those individuals with religious, medical or other reasons for which the passenger cannot or wishes not to remove a certain item of clothing," Kimball added. "For religious headwear, a passenger can pat the item down themselves and then have their hand tested for traces of explosive residue."

In March, a State Department goodwill tour of the United States for a delegation of Pakistani lawmakers backfired after the group was asked to submit to additional screening on a flight from Washington to New Orleans. The lawmakers refused to board. The Pakistani army recalled a military delegation from Washington after the officers were subjected to what it called "unwarranted" searches.

Many of the incidents involve domestic flights at airports where TSA agents may have less exposure to foreign fliers than those at major international airports. One U.N. official, an American citizen of South Asian extraction, traveling with his American wife and children, said he often gets pulled aside for pat-downs and "random searches."

He said his youngest daughter recently recalled her memories of a flight: "I remember, we go on the airplane, and I take my shoes off, and you take your shoes off, and the men take Papa away and touch him everywhere," the girl told her mother.

But other diplomats from South Asia say they have had no trouble with the TSA.

Anwarul Chowdhury, a former Bangladeshi ambassador to the United Nations, said he has traveled without problems for more than a decade as a foreign and U.N. official. He recently returned from a trip to Spain without incident. "We had smooth sailing," he said. "My wife also wears a sari all the time. I don't wear a turban, but I think they were extremely courteous, very nice."

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Refugee_New01-06 12:57 PMAnd look at what India is going thru. Each and every year, bomb blasts in multiple cities.

There are hundreds of polls taken in Indian cities and a majority of the people living in cities say that they are terrified. They are constantly living under the fear of the next terrorist attack.

I am not justifying anything, I am just saying that Israel does not love to go and kill innocent people, they are not the Stalin or the Nazi clansmen.

Or are you saying that they love killing people?

If they do not love to go and kill innocent people, then what are you seeing in the world? Are you blind to see the massacre commited against people or you are so afraid to speak the truth?



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prioritydate01-10 10:18 PMFirst of all, thanks for converting my argument about Europeans and native peoples into Muslims and non-Muslims. Shows us where our respective prejudices and biases lie. I am very happy when my comments on any situation are turned into a broad 'us vs them' thing. It just shows us that our primitive and primal instincts from the time when we split from the apes are still alive and kicking in some people. Its pretty fascinating for me.

Secondly there is a difference between military strikes (retaliatory or otherwise), and acts of massacres. Pretty much the same as there is a difference between military confrontation and ethnic cleansing. If you condone and defend the latter, then you are pretty much defending ethnic cleansing. Striking Hamas targets are military strikes. Holing up a hundred members of an extended family into a house, and then destroying the house is an act of massacre. When we defend acts like the latter one, we defend ethnic cleansing.

http://www.independent.co.uk/news/world/middle-east/massacre-of-a-family-seeking-sanctuary-1297577.html

Why you are not raising hue and cry for Sudan massacre? Oh! muslims killing muslims or muslims killing Xians! May be that is fine with you!

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whoever04-07 06:51 PMyeah i think so it wont get through because i will tell you currently i work as a consultant for a very big company, fortune 500 company and they even work on projects for US govt. what does it make them -- not consulting company? they cant be prohibited from hiring ppl on H1 or hiring consultants on H1? the bill wont see the light of the day -- i am sure.



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Marphad01-09 11:36 AMAdmin, I have responded to your message. Also please understand that it was my response to his PM using very harsh and abusive language.

Its good we talk healthy now!

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ca_immigrant06-23 03:55 PMI'm surprised nobody is even considering the other aspect i.e. the pleasure to live in your own house. We people are living in US in a small sized appt. while we bought houses in India, which is on rent. You will never know the pleasure of living in your own space...

in agreement.....there is definately pleasure in living in your own house....



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chanduv2303-24 04:30 PMYou would be even more surprised if you look at the LCA and the salary they pay. Its surprising how they can get away with it. But then they are cap exempt, so that says something.

Not sure if this is authentic - but I have heard that h1b petitions with cap exempt organizations are also running into issues.

If anyone is really having issues - you may back up my post.

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alias04-08 07:01 AMI might be interesting to check with a lawyer whether:

H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?



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ghost07-15 01:29 PMEvery forum has its set of jokers like loveh1b. They live in their own well and think it is the world. Thats how these generalizations come.

Don't be so harsh on people like "loveh1b". We need to educate them with the actual situation, not scare them away with such statements.

Hopefully, loveh1b will gain from our perspectives and change his attitude towards the US legal immigration system. Not to mention, s/he can educate other people on how things work in a global economy.

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fcres08-10 01:07 PMsince u r the primary applicant choose option 1
I don't know if there is a diff in rescheduling on the date of the appnt or before it. But if it was me, i would try to reschedule it before the appnt date by mailing the FP notice.



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cinqsit08-06 01:27 AMWe should stop these EB3'ers from wasting USCIS resources. Probably make them wear yellow stars with "EB3" printed on it at all times. They should not be hired by any company unless they have hired EB2's with excellent credentials like rolling flood. No EB3 should buy a car, house or lead a normal life at the cost of hurting EB2's like yourself.

What kind of a sick immigration nazi are you ? Typical shallow minded mentality - "please please...(beg, beg) let me in but - stop everyone else from getting in (as soon as I am in)" ;-)

Instead of wasting your time filing a lawsuit why don't you apply your "excellent knowledge in your field" to get a Ph.D from your reputed alma mater do extraordinary research in your "great" field and then cut in line by applying for EB1 which I think will always be current. Then you can port your EB2 PD and enjoy the fruits of PD porting ;-)


cinqsit

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srkamath07-13 12:11 PMI really admire this initiative for EB3-I by some members. We need a strong argument to put forth. This letter is very weak. The opening statement needs work. There are too many abbreviations.

Please do not make the letter sound like a whine or a rant about someone else who followed the rules getting ahead - this will not work, neither will a plea.
Complaining to the USCIS or DOL or DOS that they are not interpreting the law favorably for a certain group will not make the cut. None of them have much discretionary authority here and definitely no arbitrary powers.

The executive branch of the US gov (incl DOL, DOS, DHS) is limited to working within the law - they can revise their interpretation of a law if it converges with the intent of congress - not if it diverges from it.

Immigration laws are written to benefit the US and not for fairness to potential immigrants - that is how it is. The DOS is presently interpreting the law the most accurately ever. The problem is the law - not the interpretation.

EB3 badly needs backlog relief. This is a congressional matter and not executive.



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bondgoli00701-09 06:40 PMa common sense guy like you would have dismissed iraqis claims of abuse in abu gharib.. america is a strong country, it doesn't need to molest prisoners..
how luxurious for you to use ur common sense while victims still suffer after their stories were corobrated by unbiased witnesses
bfadlia,

I agree with you on most things you have said in your post and if you take a honest vote among the folks on this thread, you will find the overwhelming majority on the following views:

1. The human loss and suffering of the innocent Gaza people is sad and horrific.
2. Israel has reacted too strongly and used aggression to unacceptable limits.
3. Palestine deserves its own state and power to govern itself.

Now, the reason you have the same majority of folks respond in a manner that you, refugee and rayyan object and feel offended about is due to the following:

1. You fail to acknowledge the role of Hamas in initiating this conflict AND not resolving this conflict. Even if you personally did, others have very ineffectively shied away from this point.

2. There seems to be a lack of similar anguish and sympathy offered by you guys when it came to the mumbai attacks. Not saying you applauded the attackers but you didn't denounce them with the same vigor you are using to denounce Israel.

3. Finally, the biggest reason you are getting such unwarranted and to an extent shameful posts on your religion is because you are not only ready to defend it when it's followers are the victim BUT also when it's followers are the aggressors (like in Mumbai attacks). And with all due respect to Palestinians, there seem to be more muslim aggressors in today's world than victims.

In conclusion, I have nothing against you or the others. I am sure if I met you socially you will be a decent person. Lets hope peace is given a chance in Gaza and despite the differences educated people like us unite to fight for the common good...in these forums, it is EB Green cards.

Cheers.

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xyzgc12-31 12:55 PMFor folks who are not advocating war and instead recommend improving internal security only - India has too many porous borders, it won't stop the terrorists from coming in, one reason is because they haven't left, they are still at large in India. They have simply disappeared within the country.

Internal security needs great improvements but even there our administration is not taking many active steps.

Cracking down on these terrorists like Lashkar will generate counter terror and will slow the terrorists down. Whether this is done using open air-strikes or via covert operations is a matter best decided by our defence think tank.

If India chooses not to react at all today, there will be another terrorist bombing tomorrow. One day, we will be forced to react, we cannot escape from the realities.

Pakistan is a big joke anyways without an industrial backbone, living off aids and dancing like a puppet to its American master because aid always comes with strings attached to it.
China has surpassed everyone, India has created a place but Pakis are far behind.
But that is not the reason a thread like this is alive or threads like these keep cropping up, we don't want to worry about Pakistan, we just want to foil the next terrorist attack.



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alisa01-01 10:34 AMalisa,
It looks very funny when I heard word " Non-state actor" by President Zardari.
When world is asking Pakistan government about Mumbai terror attack with a solid proof that terrorist were came from Pakistan, trained in Pakistan, and plot was masterminded in Pakistan, Mr Zardari says they are non-state actors!!!
When Indian government ask Pakistan to hand over all culprits (so called non-state actor as per Zardari), Pakistan government reply is " We can not hand over Pakistani citizens to other country. They will be bring to justice per Pakistani law"


I am not sure what the confusion is.
The Bombay gunmen were non-state actors because they were not sent by the government of Pakistan.
And I understand that Pakistan is not handing over anyone because it says that India gave it a list of the 'usual suspects'. Besides, I am not sure what kind of extradition treaty is there between India and Pakistan.

See this too:
http://online.wsj.com/article/SB123068308893944123.html?mod=googlenews_wsj
See where it says:
In recent years, Lashkar and other groups have turned to waging global violence against largely civilian targets, putting Pakistan under rising pressure from its allies and complicating peace negotiations with India. The groups also are striking targets within Pakistan. They have become, said the ISI official, "a monster we've created that we can't put back in the box."



If they are non-state actors, why Pakistan government is not handing over them to India?

Whole world is convinced but Pakistan government is still want proofs!!! Pakistan is exposed to the world for continuously keep on denying and lying. Pakistan government is not at all serious to act on terror culprits. Azar Masood was released by Indian government at the time of Indian Airlines plane hijack in 1999. If Pakistan is even 1% serious, they would have taken action against him. He is openly moving across Pakistan and hundred time he address public gathering.

I think the world has changed since 1999. Pakistan has changed since then. There were activities that were undertaken in the past, and in those activities Masood Azhars were involved. India is asking for Masood Azhars after Bombay.

Personally I think that all the Masood Azhars should be rounded up and made to disappear from the planet. There is no good that can come out of them.


The real looser are small intelligent and rational educated group of Pakistan. World is detaching Pakistan and whole Muslim community. The days are not far that Pakistan is going to declare "Terrorist Sponsoring State" by the world. Alisa, you image, how much damage would be in this case!!

I know.
That is the major battle in Pakistan right now. Between the dinosaurs that live in the past, and the intelligent life that wants to move forward. Tensions between India and Pakistan only help the dinos.



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sanju04-08 09:07 AMof course not....
The provision defeats the purpose of whole whistle blower clause...

Oh ok. Sorry, I was not sure about the message of your earlier post.

And for this purpose, the provisions which seem to be protecting H1 employees are actually falling short of providing any protection to make H1 program more efficient. At the same time, the bill is imposing so many restrictions that it would make the entire H1 program "non-workable" and "useless", as highlighted by the administrator.



alias04-08 07:01 AMI might be interesting to check with a lawyer whether:

H1B extensions based on I-140 (beyond 6 years) are same as normal H1B extensions(without I-140). In other words, if someone has an I-140 approved does this bill still affect his H1B extension petition(assuming he is consulting)?



rockstart07-14 08:29 PMI agree, does anybody have a link to the policy of how spill over of visa numbers works?

Still better abolish Eb1/ Eb2/ Eb3 when there is no EBx in H1 then why EBx in GC? come on guys stratification on EB is reality along with preference order set by CIS. What is stopping eb3 guys from moving to eb2?