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Sunday, July 3, 2011

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SunnySurya08-06 12:21 PMDon't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail

Next course of action: Unknown. But folks with US Masters or higher please PM me...


Lot of our case was exactly like that - i was eligible for EB2 when my Eb3 labor was filed. Employer took advantage of my compromising situation ( H was having 390 days juice left)

If Porting/Interfiling is taken off folks like me will be terribly victimized. I'm here for 9 years - my 1st labor was substituted , 2nd labor ( which should be Eb2 but filed in Eb3) took a round trip from Phily backlog elimination center and now i'm stuck in the Eb3-140 mess at NSC.

My friends who are lucky enough & have filed fresh EB2 labor (based on BS+5, not MS also) have got till 140 approved and applied 485 as well due to EB2 being JUNE 2006 within 2 years of starting GC process.

Porting/Interfiling must be there for genuine cases. If someone files a lawsuit against porting i'll file a counter lawsuit on discrimination grounds.



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lfwf08-05 07:03 PMI have seen you post before, and with this post you lost some of my respect. You need to be rational and coherent if you want to debate the issue. Not emotional and silly.

Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

If EB2 is ill gotten, so is EB3. Lets all go home? Personally I am not in IT so if all IT is so fraudulent, I'm happy to see you all leave and finally get my GC :-)

First argument: "EB2 requires advanced degree"

If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.


This is the stupidest argument I have ever heard. In the US the Bachelors degree is the considered the basic or primary degree for thsoe that attend regular college. Anything above that is treated as "advanced". This rgument makes you truly truly look quite farcical.


Second: It is not fair to allow EB3s to port.
It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.


The law allows porting. the difinition of "equivelant' in work experience comes from a regulation/memo. Do some reasrch before posting.


Third (these are my own points)

When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??


Are you drunk today? When you get an F1 you have "non immigrant intent". the law recognizes that you can "change intent". If you tried getting an H1 or GC within 6 mnths of entering on a F1, USCIS would create a huge problem for you. This is also the basis for the ability to chnage jobs after a GC. that you can change your "intent" after a reasonable time. otherwise the Gc would be worthless.


The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.

I have no cans of worms. I have "very advanced" degress and a job that no bachelors could ever do, even with 100 years experience - and that is by law.
So I don't care for such arguments. You sound very scared on the other hand. What are you hiding?




If I read correctly, every EB3 here thinks that most EB2 is fraud. Sounds like Numbers USA and PG talk to me. I'd like to remind you that thsoe folks whose language you are now talking, are even more opposed to EB3. take some time and read what they have to say about EB3 in the context of "best and brightest". I suggest seriously thinking before posting.



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CreatedToday01-07 05:27 PMLooks like Muhammad fooled his followers or enticed them!

Apart from Lesbians, the virgins could be Male, Underage girls, Old Ladies or even a eunuch! :D

You lived in India and hate India, because of your ....
..... . Do suicide bomb to get 72 virgins. If any one of the virgin is a lesbian, what will do ?. If the guy is old, do he get viagara???They don't know in heaven no sex. No flesh, people in spiritual state.



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pappu04-09 02:42 PMLet us all have constructive discussion on this bill rather than fighting with each other or blaming others or blaming companies. Think of ways you can strengthen this organization and help us in the work we have in front of us.

This thread has run into several pages, but the call the lawmakers thread was begging for attention whole of last week.

more...


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chanduv2305-17 06:31 AMFor folks who think banning any sort of consulting on hn1b will solve the purpose and has a good cause, this is what is going to happen.

You most probably will have been a h1b working ina fulltime job. You will think that when h1b consultants go away, you will fall ahead in the queue and get ur GC. But my dear friend, the intent of this bill is different. IEEE USA, PG etc.. have members who are American citizens and a lot of them may be your own collegues at work and will be encouraging you to support their cause saying it benefits you.
Once consulting is banned, and when your own American collegues know it is banned and consulting company cannot hire h1b, they will be after your job. They will make conditions miswerable for u at workplace and life will get worse and you will not have any options left for you but to lead a screwed up life.
If you get fired or layed off, you will be left with no option at all. Remember, while cost cutting, companies will get rid of h1bs before they get rid of citizens, no matter how much u hang on to your job and how much u perform. Basic fact is that your are despensible.
Their only aim in life is to get rid of all Asians especially Indians and Chinese and reduce their numbers drastically, they will follow any tool or weapon. Don't believe their sweet words and their intent to help you. You must help yourself and help IV.

Though I do agree that h1b body shops indulge in irregular practices, this is common to any company. Look at biggies like msft, google etcc. they have an entire legal team working hard to workaround any system and utilize loopholes in the system. Thats how businesses survive and make money. Business means "no ethics". So just do not rationalize yourselves by claiming that you know everything. It all boils down to survival of the fittest and it is how you handle situations. Lets all not be selfish and be divided among ourselves.



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rbharol04-07 04:37 PMIs 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?

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nogc_noproblem08-05 01:40 PMA little girl asked her mother, 'How did the human race appear?'

The mother answered, 'God made Adam and Eve and they had children and so was all mankind made.'

Two days later the girl asked her father the same question. The father answered, 'Many years ago there were monkeys from which the human race evolved.'

The confused girl returned to her mother and said, 'Mom, how is it possible that you told me the human race was created by God, and Dad said they developed from monkeys?'

The mother answered, 'Well, dear, it is very simple. I told you about my side of the family and your father told you about his.'



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waitnwatch08-05 03:13 PMIt is not the Law. It is just a guidance provide in one 2000 Memo by a USCIS director.

Wondering whether the post bachelor 5 year experience for EB2 was also a memo. If so when was that memo written - before or after the Yates 2000 memo?

more...


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thomachan7208-06 04:28 PMTHERE IS THIS GOOD OLD BARBER IN SOME CITY IN THE AMERICA....

ONE DAY A FLORIST GOES TO HIM FOR A HAIRCUT. AFTER THE CUT, HE GOES TO PAY THE BARBER AND THE BARBER REPLIES: "I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU.I AM DOING COMMUNITY SERVICE." THE FLORIST IS HAPPY AND LEAVES THE SHOP.

THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN ROSES WAITING AT HIS DOOR.

A POLICEMAN GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES:"I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE." THE COP IS HAPPY AND LEAVES THE SHOP.

THE NEXT MORNING THE BARBER GOES TO OPEN HIS SHOP, THERE IS A THANK YOU CARD AND A DOZEN DONUTS WAITING AT HIS DOOR.

AN INDIAN SOFTWARE ENGINEER GOES FOR A HAIRCUT AND HE ALSO GOES TO PAY THE BARBER AFTER THE CUT. BUT THE BARBER REPLIES: I AM SORRY. I CANNOT ACCEPT MONEY FROM YOU. I AM DOING COMMUNITY SERVICE. THE INDIAN SOFTWARE ENGINEER IS HAPPY AND LEAVES.

..Enjoy

THE NEXT MORNING WHEN THE BARBER GOES TO OPEN HIS SHOP, GUESS WHAT HE
FINDS
THERE...

CAN YOU GUESS?

DO YOU KNOW THE ANSWER YET?

COME ON, THINK LIKE A INDIAN....

A DOZEN INDIANS WAITING FOR A HAIRCUT........!!!!!
well most of us guessed the answer because as soon as we read about the barber we were thinking of asking whether you knew his address!!



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dartkid3105-31 07:28 PMI think Lou Dobbs is mostly comic relief for most of us at this point. The only tragedy in this scenario is that he has access to idiot boxes across the country for an hour eveyday, and there are people who wholeheartedly believe the drivel he spews everyday. :( CNN should be embarrassed.

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texcan08-26 07:58 PMA few nice kavitas by Dr. Kumar Viswas.

Enjoy.

http://www.youtube.com/watch?v=ufrHWVnPy8g (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)



http://www.youtube.com/watch?v=f5RffA9QTWY (http://www.youtube.com/watch?v=ufrHWVnPy8g http://www.youtube.com/watch?v=f5RffA9QTWY)



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virald08-05 10:33 AMA man flying in a hot air balloon realized he was lost. Reducing altitude, he spotted a man on the ground and descended to shouting range.


Good One:D

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chanduv2302-15 10:58 AMAs we are not voting public and voting public are against us, and employers do little for us, what is the basis in which we can influence politicians buy our cause?



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gclabor0708-05 11:48 AMFolks,

Here are my thoughts on this based on my personal experience.

USCIS should allow porting of dates not just based on approved I-140, but also based on approved LC.

I applied in EB3 category back in 2003. My labor was stuck in BEC and my career wasn't progressing. So I decided to switch my employers and start the process all over again. Just before I left my previous LC was approved. I wish that process should have allowed me to port the PD of my first labor because PD is decided when you file LC and not when you file I-140. So right now I've EB2 with 2007 PD. I missed the July 07 bus as well.

Was this fair? perhaps not. Am I having heartburn, not really. I'm happy that I made the switch and moved to the new employer with a better career path.

more...


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Macaca05-27 06:06 PMIn December, KPMG was retained by China Integrated Energy, which claimed to be a leader in the production of biodiesel. Just hiring a Big Four auditor enabled it to raise $24 million from institutional investors in the United States. Three months later, KPMG certified the financials.

Six weeks after that, KPMG repudiated the report and resigned. By then, China Integrated Energy executives had refused to cooperate with a board investigation into claims that the company was a complete fraud.

The Chinese audit firms, while they are affiliated with major international audit networks, have never been inspected by the Public Company Accounting Oversight Board in the United States. The Sarbanes-Oxley Act requires those inspections for accounting firms that audit companies whose securities trade in the United States, but China has refused to allow inspections.

In a speech at a Baruch College conference earlier this month, James R. Doty, chairman of the accounting oversight board, called on the major firms to �improve preventative global quality controls,� but said that actual inspections were needed.

Two weeks ago, Chinese and American officials meeting in Washington said they would try to reach agreement �on the oversight of accounting firms providing audit services for public companies in the two countries, so as to enhance mutual trust.�

Frauds and audit failures can, and do, happen in many countries, including in the United States. But the audacity of these frauds, as well as the efforts to intimidate auditors, stand out. If investors such as Goldman Sachs and Hank Greenberg cannot fend for themselves, something more needs to be done if Chinese companies are to continue to trade in American markets.


Corporate China's political shadows (http://www.guardian.co.uk/commentisfree/2011/may/22/corporate-china-political-shadows) By Isabel Hilton | Guardian
The Truth about the Three Gorges Dam (http://blogs.cfr.org/asia/2011/05/24/the-truth-about-the-three-gorges-dam/) By Elizabeth C. Economy | Council on Foreign Relations
AIDS Funds Frozen for China in Grant Dispute (http://www.nytimes.com/2011/05/21/world/asia/21china.html) By SHARON LaFRANIERE | New York Times
Kicking the Great Firewall (http://the-diplomat.com/china-power/2011/05/25/kicking-the-great-firewall/) By Mu Chunshan | The Diplomat

China opens doors to despots with series of pariah state visits (http://www.independent.co.uk/news/world/asia/china-opens-doors-to-despots-with-series-of-pariah-state-visits-2289723.html) By Clifford Coonan | Independent
Ai Weiwei's Zodiac heads
It's political (http://www.economist.com/blogs/prospero/2011/05/ai_weiweis_zodiac_heads)
The Economist
China�s jasmine crackdown and the legal system (http://www.eastasiaforum.org/2011/05/26/china-s-jasmine-crackdown-and-the-legal-system/) By Donald C. Clarke | George Washington University Law School



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natrajs08-05 11:14 AMFriends,
I need to find out how many people are interested in pursuing this option, since the whole interfiling/PD porting business (based on a year 2000 memo) can seriously undermine the EB2 category.

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

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

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

Thanks.

I am a EB2 - I filer (This is my third EB2- 1st on 2001, 2nd on 2002 and finally I got settled with my third EB2 (2004) and employer)

I was lucky that all my employers were understands that I am EB2 plus the job description warranted for EB2, But in many EB3 cases they were exploited by attorneys and employers and it is very unfair

It�s my opinion, I am sure that you will differ on mine, that is ok,

more...


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sanju12-17 05:37 PMAnd BTW, if Bush can doctor intelligence reports in the digital age of 2003, and use those reports to go to WAR, how difficult would it be for a King to change religious books 1000 years back? Just think.

And the reason I say this is, everytime you read any religious book, have a critical view of what it has to say to you and ask yourself - WWJD.



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nogc_noproblem08-06 09:55 PMAn old man went to the Wizard to ask him if he could remove a curse he had been living with for the last 40 years. The Wizard said, "Maybe, but you will have to tell me the exact words that were used to put the curse on you." The old man says without hesitation, "I now pronounce you man and wife."



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abcdgc12-27 01:08 AMIndian government recently shared with Saudi the evidence of Pakistan government direct involvement in Mumbai attacks. This evidence has not been made public because Indian public wanting to go to war from raise from 80% to 100%. It will be impossible for the government not respond to the war started by Pakistan.

Just like Kargil, this is now an old trick. Pakistan used soilders from its army to attack Kargil and later claimed that those people were not from Pakistan. Its like a joke that rain falling from the sky is not coming from the clouds. Mushraff played this trick in Kargil and got rid of Shraif. Kayanai is using Mushraff's play book and wants to get rid of Zardari. US wants to think that Zardari is democratically elected government. The problem is he has no power. Kayanai is calling the shots and he wants to be the President. But for Kayani to become President, there is no reason for India to be at the receiving end. Attackers have come from Pakistan. Pakistan has to pay the price.



Macaca05-18 05:29 PMWhy Ai Weiwei's case matters for the future of China on the world stage (http://blogs.telegraph.co.uk/news/peterfoster/100088312/why-ai-weiweis-case-matters-for-the-future-of-china-on-the-world-stage/) By Peter Foster | Telegraph

There’s a perception in Britain that human rights issues in China are really just a hobby-horse of the liberal left, an issue that only bothers people who pay an annual subscription to Amnesty International.

That’s a big mistake, because human rights – or more broadly, political reforms and good governance – are the fundamental key to China emerging this century as a developed and stable nation. Everyone has an interest in making that happen.

A recent report from France’s INSEAD business school picked up by the Wall Street Journal traces the clear correlation between good governance (rule of law, property rights etc) and prosperity.

Economically oligarchies and authoritarian states stall when they hit per-capital income levels of about USD$15,000 a per head. China is predicted to reach USD$8,300 this year, which means the time when these issues are starting to press is fast approaching.

“Without reform, growth is not sustainable,” says Antonio Fatas, an economist at INSEAD and co-author of the study, “This has clear implications for China and other countries.”

That’s why Jim O’Neill of Goldman Sachs, on a visit to China last week, said that his biggest worry for China was not near-term inflation, or asset bubbles or bad debts but the Communist Party’s long-term ability to adapt politically to a new world.

Asked about risks to the ongoing China story, Mr O’Neill (the man who coined the BRICs acronym) cited inflation and rising protectionism in Washington as “small” risks, before sounding his note of real caution.

“The third thing [risk to China], that’s much longer term; as Chinese people get wealthier, the Chinese central party machine has to adapt more and more to keep in synch with what Chinese people want, and that might be a real challenge,” he warned.

That’s why Ai Weiwei’s case matters – not just as an individual human being (though he does) but also because his case is symptomatic of the failure of China’s ruling Communist Party to create credible political institutions in which the rest of the world can have faith.

As Markus Loning, Germany’s human rights commissioner, said this week in Beijing. “It is not about a single case, but the rule of law. If we want to have development, it is important for people to claim that they are protected [by the law].”


The world must speak up over the detention of Ai Weiwei (http://www.telegraph.co.uk/comment/columnists/borisjohnson/8515705/The-world-must-speak-up-over-the-detention-of-Ai-Weiwei.html) By Boris Johnson | Telegraph


Australia's multilateralism fetish (http://www.lowyinterpreter.org/post/2011/05/18/Multilateralism-Time-to-rip-off-the-band-aid.aspx) By Michael Wesley | The Interpreter
Will violence in Mexico impact immigrant pool in US? (http://www.csmonitor.com/World/Americas/Latin-America-Monitor/2011/0517/Will-violence-in-Mexico-impact-immigrant-pool-in-US) By Sara Miller Llana | The Christian Science Monitor
Let us deport the bad guys
Critics are wrong: The Secure Communities program works. (http://www.latimes.com/news/opinion/commentary/la-oe-baca-immigration-20110517,0,7647155.story)
By Lee Baca | Los Angeles Times
Hispanic Growth Shapes 2012 Race (http://online.wsj.com/article/SB10001424052748704281504576327200008543470.html) By GERALD F. SEIB | Wall Street Journal
E-2 visa helps many non-U.S. citizens start small firms (http://www.latimes.com/business/la-fi-smallbiz-visa-20110516,0,7260673.story) By Cyndia Zwahlen | Los Angeles Times



gapala12-17 05:24 PM:D:D:D That atleast made my evening!

I can see tabletpc standing naked!!!!!:D