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gjoe08-06 07:50 AMWe will support your lawsuit if you pay up for our support. I am onboard if the figure is 4 digit or above. I hope your lawsuit doesn't get backlogged in the court and USCIS holds up your GC application until your case is decided in the court.
If you lose the case I will return your money with a 3% interest to compensate for inflation or defalation of the currency.



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Rolling_Flood08-05 07:42 AMWhat 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.


You mean to say EB-2 is only meant for first time EB-2 filers, and if a person ever filed under EB-3 should not be considered to file under EB-2 again ? Are yo a 'Jamindaar' ? What you are trying to convince people is only those people who are were born rich should be allowed to live in big houses and people who were ever middle should not be allowed in big houses...Wah Wah what a idea...



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thatwillbeit10-03 12:36 PMExcellent post dtekkedil

You reiterate exactly what I have in my mind



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nojoke04-06 04:24 PMThe truth is probably between the extreme pessimism in this post and the unbridled optimism in other posts.



No. The truth is we are going to see a severe correction. .We need to wake up and stop being in denial. I have shown proof that there are already 50% reduction in some areas from my previous quotes. This is just the begining.

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pete04-09 11:29 AMLooks like everyone want to talk about their specific selfish advantages and ignore the problem on a whole if this bill passes.

You can say it whichever way you like. Isnt everybody looking for selfish gains?
A few months back somebody wanted info on labor substitution and the moderator took the man's side by saying we should all look for advantage and not worry about NAY sayers......

There is nothing selfish about this. Universities usually donot take short cuts. My job before while they were doing PERM was on monster.com for 11 months!!!The received tons of applications. Yes I can confidantly say they "did not find " a suitable candidate. The H1B visa is a favor granted to us and should not be misused. It also works in IVs advantage because it makes their agenda more solid:

WE ARE AGAINST MISUSE OF H1B AND WOULD LIKE GC REFORM.

Unlike we want H1B abuse to continue AND ALSO GC reform.



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Refugee_New01-07 10:00 AMIsrael is doing this for their safty. They are a soverign country and attacking the terrorist. Hamas don't want cease fire, then why they expect mercy. If they don't want to stop the war, then why other people raise their voice. Mind your business.
They are not occupy any body's land. They live there from thousand of years, which God given to them. When they not recognize the saviour and cruxified, God's wrath fall upon them and they are disperesed. But to fulfil the Holy Bible prophesy, they regain the land and living there. No force in earth to distroy them. They are surrounded by hostile nations. Still they are surviving.
These Arabs during and after the time of Mohammed tried to conquer the lands, and they occupy the land of Jews. They occupy the Constanople, where the biggest church situated, and they anexed to ottaman empire, now Turkey. They slaughtered everybody in that city. They did it in Syria, Egypt in AD1100. They distroy their culture, language etc. They cut the tongue, if anybody speaks the local language Syric in Syria and Coptic in Egypt. You can ask the minority people from these countries or read history. Barbarian Arabs conqured Indian subcontinent and convert the people by force. So Islam is not a religion of peace. It started with violence and end with violence. Every religion, religous people will be pious, but in Islam, they become terrorist. Satan is controlling these people. Sorry to say that. But it is true. In the last days, God punish these evil people. May all wiped out.

See this web site for more detailshttp://www.faithfreedom.org/Articles.htm


I know this is your ideology and this is what your religion preach you. You preach and practise this quitely while blaming and killing people of other faith. Good strategy though.

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unitednations03-26 04:26 PMThat is precisely why smaller companies choose to revoke the 140 when an employee leaves them while the 485 is still pending.

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

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

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

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

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

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

Thanks in advance for sharing your opinion on this.

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

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

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

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



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nogc_noproblem09-02 04:25 PMWhy You Would Want To Run A Gas Station

• You can raise prices every hour and everyone blames the government.

• You can sell obsolete lottery tickets but it's okay--they lose anyway.

• You always have the oldest dated milk in the cooler, and its the last one left, so they have to take it.

• No matter what the question is from a customer, you cannot understand it.

• You enjoy raising the prices on the pumps when these signs outside show the old prices.

• You make sure that the receipts on the machines don't work so they have to come inside to get one and buy other items.

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NKR07-14 09:48 AMEb2- I people are wrong when they think any steps taken by EB3-I are because of jealousy.

I am an EB2 I applicant and my PD became current this month. If I do not care, I wouldn�t even be checking out this thread. I understand your pain and frustration, I was stuck too for a long time in the old labor process before perm came.

EB2 I people do not think EB3 I people are jealous. I do not think Rolling Flood is from India, let alone being an EB2 I applicant. He just rolled in thinking he can open a flood gate of arguments and counter-arguments, let�s just prove him wrong.



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Macaca04-03 08:22 AMSoliciting for Good Citizens (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/02/AR2007040201749_2.html), By Jeffrey H. Birnbaum (http://projects.washingtonpost.com/staff/email/jeffrey+h.+birnbaum/), Tuesday, April 3, 2007

Another backdoor lobbying technique (oops, I mean opportunity to celebrate and assist members of Congress) is to conspicuously contribute to a foundation that supports a congressional caucus.

Congress is filled with caucuses -- the Congressional Sportsmen's Caucus, the Congressional Immigration Reform Caucus and the Congressional Internet Caucus, to name just a few. These are groups of like-minded lawmakers who meet regularly to discuss the subjects in which they have a common interest.

But, Washington being Washington, money quickly enters the equation. Some caucuses have foundations that help bankroll events.

The Advisory Committee to the Congressional Internet Caucus, for instance, sponsors gatherings in conjunction with the House co-chairmen of the Congressional Internet Caucus. Its "supporters group" includes dozens of tech firms that lobby Congress intensely, including Google, Microsoft and Yahoo.

The advisory committee's next large event is an April 25 "Wireless Policy and Practices Dialogue." To pay the tab, its Web site lists "sponsorship opportunities," available for $500 to $5,000. A sampling (before it was apparently altered yesterday):

"Pens and other promotional items: Distribute pens with your logo to event attendees."

"Coffee breaks: We'll announce your sponsorship of the morning continental breakfast or mid-morning coffee break and feature your logo or brand in the break area."

"Wi-Fi Hotspot: We will blanket the meeting area with wireless Internet access and include you as a promotional sponsor."

"Post-Dialogue VIP Dinner: End the conference on a high note and host a VIP event; choose from some of D.C.'s finest restaurants."

None of these constitute lobbying. Companies become sponsors "to prove that they are not only a thought leader in the space but also that they are a good corporate citizen," said Danielle Yates, the advisory committee's spokeswoman.

Oh.

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hopefulgc07-14 10:55 PMVery correct ... every person who sends a petition signed with their name is simply asking for an investigation in their case. Infact, DOS/USCIS/DOL will be reprimanded if they don't investigate these signed petitions. Even though DOS/USCIS/DOL wouldn't want to, don't have time for it and as silly as it is, they will have to launch an investigation/audit just to set an example.

There is a saying in hindi
"garibi mein aata gila"
analogous translation:
"spilling the only water you have left when you are really thirsty in a desert"

Again, I am ready to lend support for whatever we may decide here, but please don't have people do something that can get a lot ugly later.





Guys,

Draft of this letter itself is an invitation for the investigation into Labor certification process for the individual who are suggesting they were qualified as EB-2, but their attorneys or HR reps told them to file under EB-3.

Entire LC process is certified under the assumption that the employer in good faith has tried to hire US citizen and since he couldnt find a qualified US citizen for a that Job position, the employer is hiring an alien ( foreign national).

I am not supporting this petition, even though i am a victim of the backlog centres and my labor took 4+ years for approval.

We should all support IV's initiative for recapturing of wasted VISA numbers from the past years.

Fighting among indian EB-2 and EB-3 is useless and it defeats the purpose of IV unity.

IV seniours should immediately intervene in this matter and stop further discussions on this useless petition which doesnt have any legal standings and in itself is an invitation from DoL and USCIS to investigate the individuals who signed the petition and messed up their immigration process.

------------------------

PD: India EB-3 June 03.
I-485 filed in Aug 2007 at NSC.

awaiting I-485 approval...which will be 2-3 yrs down the road, if no relief from US congress.

Right now enjoying the freedom using EAD.



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nojoke04-15 04:18 PMYes I have been reading some pretty bizarre responses. Apparently if you own a bigger house, you suddenly become incapable of giving your child love. Well, you learn something new everyday.

It would look bizarre if you take the statements out of context. That statement is made to show that bigger house doesn't always give happiness. Because you would need to work harder to pay for the mortgage that you may not have quality time to spend with your kids. This is the context. Again I qualified the statement with "always".

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senthil105-16 06:55 PMPermanent lc for for the future job. Current job is different than future job though they are similar. H1B is for current job.

But it does not impact much if Skil bill comes. Most of the persons PD will become current and anyone who gets H1b will get GC within 1 or 2 years. So no need for H1b extension. If Skil bill comes with Durbin proposal then most of the negative issues will be resolved by increasing more gcs. Infact substitution elimination also not needed if Skil bill comes as PD will become current always.

You did not answer my question about why some one with permanent labor certificate has to go thru the process of advertisement process for H1B renewal?

In my case DOL labor took almost 3 years to certify my labor certificate which states that I am not displacing any american worker. I think 3 years is a good time to find whether I am displacing american worker or not.

This law simply goes too far in the name of preventing abuse. I just dont get why someone working for same company and whose GC petition is pending(GC labor approved) has to prove every year that he is not displacing an american worker.



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Macaca02-21 04:18 PMwe are targeting him because he is saying things which are inaccurate if not ludicrous regarding immigration.

Is it posible to post these inaccuracies about us. I want to post them here (http://www.washingtonwatch.com/bills/show/110_SN_9.html).

I want to post the general apathy of media towards us. However, all I have is no one reports about us. Any more ideas? Thanks.

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unitednations08-14 09:17 PMTo United Nation

I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?


I don't see much of a problem because it was less then 180 days.

Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).

I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.

I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.



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validIV06-25 01:46 PMI couldn't agree more. My first home is almost fully paid off. Peace of mind is a great thing.

I will be happy owning one home. And hope to repay it off quickly so i dont have any BANK to answer to. Having a peace of mind that one day when i pay off the home nobody can kick me off my home for any reason is PRICELESS to me.

It's not for my grandkids. Its for my wife and my kids when I retire.


Owning 10 homes so that you can donate to your grandkids may be PRICELESS to you. I wish you the best.

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GCmuddu_H1BVaddu01-09 10:21 PMsunnysurya Hate Converting EB3 To EB2.


A supporter of terrorism left a red dot with this message:
"if u r so concerned about india and attacks on india,,,what are u doing in US? U should be in politics in india if u think so bad about the indian politicians,,,go get ur hand dirty in it first then blaim the politicians"

My very simple reply to that person.
---

I am in every right to express the concerns for my country of origin. Of course not blindly. It takes for ever to hang Afzal Guru and almost no concrete repsonse to the bombings in Delhi, Gujrat, Karnataka, Hyedrabad etc etc, which directly affect my freinds and family over there. If it is not politics then what it is.

Finally, if Jews can express their concerns for Israel (which I also support full heartedly and unconditionally) so can we, with the same passion.



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bfadlia01-09 08:05 PMbfadlia,

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.

bondgoli007, i'm glad we have some common ground.. i am sure my posts expressed that I despise intentional attacks on civilians.. i was disgusted hearing about the mumbai attacked and expressed that in its thread, although the guys there converted it into attack-islam thread
having said that, i am still amazed the people starting history at the point hamas fired rockets and israel retaliated.. this is a more than 60 year struggle, with palestinians driven out of their homes and israeli settlements built over its rubble and tens of UN resolutions ordering israel to let the palestinians back and end the occupation but these just swept under the carpet based on israel's allies veto power.. point is hamas is resisting the wrong way by targeting civilians, but people resisting occupation will always happen regardless of how violently they are retaliated against



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nogc_noproblem08-06 06:51 PMGeorge W. Bush, Vladimir Putin, and Bill Gates were called in by God.

God informed them that he was very unhappy about what was going on in this world. Since things were so bad, he told the three that he was destroying the Earth in three days.

They were all allowed to return to their homes and businesses, and tell their friends and colleagues what was happening. God did tell them though, that no matter what they did he was "not" changing his mind.

So, W. went in and told his staff, "I have good news and bad news for you. First the good news . . . there is a God. The bad news is that he is destroying the Earth in 3 days."

Putin went back and told his staff, "I have bad news and more bad news. The first was . . . there is a God. The second was that he is destroying the Earth in 3 days."

Bill Gates went back and told his staff, "I have good news and good news. First . . . God thinks I am one of the three most important people in the world. Second . . . you don't have to fix the bugs in Windows Vista."



lfwf08-05 06:49 PMI think it is all subjective. You ask “Do years spent doing MS/Phd have no value?”. A person who has 5+ years experience will ask “Do years spent working have no value?”.

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

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

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



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

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

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

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


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



unitednations03-24 04:04 PMNo, they figured out that it is consulting companies that are exploiting loopholes. Tell me what proof you have that ALL consulting companies are complying with H-1B requriements.

Is benching that happens in consulting legal? Is paying salary according to prevailing wages in Maine and sending the contractor to work in Manhattan legal? Please tell me how these practises by desi consulting firms are legal.

And you're telling me I am ignorant! You're funny :D

Every year; before tax deadline IRS issues a few press releases on arrrests/convictions for tax crimes.

They time it just so they can get it out to taxpayers prior to completing their tax returns that they should think twice before they try anything funny.


Now; I can tell you that most companies were not diligent in getting LCA's in different locations. It is not a big crime of not getting LCA's in different locations. However, if people are getting paid lower amount in a different location then what that LCA would have been then you have a problem.

If companies stick with giving $60k in salaries then most laws in h-1b go away and even if you don't have LCA for other location; you would have been getting paid more.

Now; I do know some candidates who worked for those iowa companies. They transferred h-1b on same day that news broke out. I looked at their w-2 and paystubs and they were working at a higher rate jurisdiction. However; they were getting paid considerable sums in per diems. On paper it showed they may have only been getting paid $45K but in reality they were getting paid a lot more. All the company has to do is make the per diem taxable and it would count as h-1b wage and that will get rid of most of the trouble they are currently in. It was a case of employer and employee greed but at high level it wouldn't have harmed anybody; just on paper it didn't look right.

Hardly anyone at a staffing company will be making less then $60K unless they are trying to do things in a tax free way. If this was the only issue in the iowa compoanies then i am pretty sure this was an attempt to make a big splash which will slowly get settled in a quiet way.

Sort of what happened with Arthur Anderson in Enron. AA got convicted for obstruction of justice; whole thing fell apart; they lost employees, clients, the firm; pensions, etc. After appeals they won and the governmnet impacted so many peoples lives for nothing.