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gsc99905-13 06:23 PMI heard many stories that consultants are selling labor certifications and this lead to a big back log.... people who were last in the line are in front of the line now....consultants created a business from these labor certifications and are making lots of money...its fair for the government or uscis to apply this bill and control this black business....


:p Attack of the Trolls - Final Battle



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pani_607-14 06:37 PMWe are old horses fo IV and dont have an agenda against any particular groups or category..all that we are trying to highlight is that our situation since 01..that's it...that having said the people will who are have been objecting to this will get thier GC's this time and will be gone ...and we in EB-3 2002 have to wait for another 2-3 years to get out turn..Can you imagine our situation..So please support this initiative...send out the letters...

God bless us all!


I am too tired to go against any law (I have my plan A to Z..and I guess most in EB3 have something similar) ..I don't think that there is a strict law as to how the spillover should happen (if someone knows ..please post it)..what I am saying is some fairness..call it pleading ..call it the last resort ..call it begging ..anything. will DOS agree ..maybe No. but maybe,,,maybe they will atleast give out a statement as to the future of EB3...and people in EB3 can make a decision and move on.
as to the post above ...I am not saying do spillover in some ratio ..do something ...I am sure there are lot of workarounds or loopholes or whatever.
what I am saying is ..if EB3-I does not act ..nothing will happen ..anyone can say that with certainity.
maybe if core IV has meetings with DOS or USCIS .. maybe they can just ask as to what is the hope for EB3 ..I am sure most in EB3 (who are stuck in 2001, 02 ,03 ) will be happy just with some information



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alisa04-07 02:17 PMWhy is senator Durbin insisting upon providing American trained (and in some cases, even American educated) high-skilled individuals to low-cost competitors of America (India and China)?

I agree with you that the ability to file for 485 without a visa number would be a blessing for all of us.

What are we doing about this situation btw?

You will not be able to convince the lawmakers who introduced this draconian law to make any exemptions for h1 extensions. These people introduced this measure with a well thought out strategy to kill h1 without actualy saying they want to kill h1.

A good way to protect people already on h1 from these draconian laws is through the ability to file for 485 without priority date. Every passing day will only make it worse for people on h1 not just new h1 but also people already on h1 waiting for h1 extension or renewal or transfer.



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sanju12-29 02:29 PMI do not know how much this true ,but one thing is sure America is helping ISLAM (As of today and popular belief that america is destroying ISLAM) ..
by clearing the mess out of Afganistan ,IRAQ and well sometime may be from IRAN ....

Why they are doing >>>> Why they are helping Israel and Attacking Countries which has vast muslim poulation and near to Israel ...Why not attacking Indonesia ,Malaysia ,Pakistan because the Bible has something like that
" Jews must have own land to have a Great ARMAGADEM WAR .When most of the jews will be defeated and killed ,few left will accept christanity. "

so how to achieve this . Please mind America is ruled by Conservative christian not by jews ...

Well read Bible and other books and you will able to judge .....

So I have tried to acknowledge two things " A country go for war when future is not safe" and America Need to keep Alive israel till the great ARMGADEM WAR " So you will say why america is havinng WAR "
Please note that Jews killed Jesus. This fact do not go well with conservative


I�ve heard some real whoppers in my life, but this one tops them all. I am sure your favroite movie is - Conspiracy Theory.

Cheers!


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sledge_hammer03-24 11:51 AMCan you please elaborate?

I may be understanding this incorrectly, but are they denying our right to be represented by a lawyer?

In fact just about every local USCIS office makes you sign a statement that you are not being represented by a lawyer and they "swear" you in that you are going to tell the truth under penalty of perjury.



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delax07-13 09:48 PM[QUOTE=kutra;262395]Disclaimer: I am an EB3-Indian with a PD of Oct 2003.

Delax: I agree entirely with what you are saying. Your arguments are 100% valid. The part that I don't get is why are you trying so desperately hard to convince EB3-Indians that their letter campaign lacks merit?

I am not trying to convince anybody about the merits. The original post asked for comments which I offered. PL read this post of mine
http://immigrationvoice.org/forum/showthread.php?p=262198#post262198

I am not at all surprised at the 'backlash'.
I appreciate your input and candor

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anjans07-14 02:05 PMguys, it is very frustrating to be waiting for GC 8yrs from applying! with you there. But As VB says it will come to FY03 levels in Oct so, it is just a few months away.

Also, who gets EB2 vs EB3 is decided on the job requirement. If we believe that we have been able to "fool" the system to get into a higher queue priority, if reflects that we have broken rules and calls for re-auditing all applications.So bringing up something which cannot be substantiated should be avoided.

I realise that a new kid in the block with a 5 yr exp or MS comes to US and applies in 2008 for PERM, at this rate EB3 from 2004-2008 run the risk of syaing put till all the new EB2's clear up as that queue will be serviced fast, but i guess the problem is that people who changed jobs and used previous exp are going to benefit whileas people who joined their first job and stayed there till GC will suffer...unfortunately there is not much that can be done , except fight for visa recapture.

It is not about ppl, USA values a phd level job vs a MS level job vs a B.S level job, and would rather incentivice them in that order. The fact you qualify for M.S level job today means that you may have to go out take it and recertify your LC.

I dont think EB3 ppl are jealous. But dont react with emotion.



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sledge_hammer06-05 04:49 PMYour leverage is $270,000 in this investment, and you pay 5% interest on it which is tax deductible. You don't suppose one can borrow 270Gs to invest in, per my example, S&P 500 to get 10% annually? Of course the you are able to borrow that much on a home is because it is considered relatively a safe debt for the lender. That can't be said for stocks.

How/where else will you earn $15,000 (equity) per year by spending $13,500 (interest).

EDIT:
Remember, every payment I make, I also include the principal payment, so I am closer to owning more of my home as time passes.

>> But going with the spirit of my original post, in the long run, the equity you build (15K/yr) will far out weigh the yearly savings you get by renting.

You are right in 90% of cases - where people will otherwise spend the money and not save it.

If you have a mortgage - you are "forced" to save because the monthly amortization automatically builds equity. If you are renting - you are not "forced" to save that amount - and hence would probably be spent (in my case) in a gaming machine with I7 processor (which has NO long term value).

However, in the hypothetical 10% scenario (in case of immigrants, specially Indians, my gut feel is that it is significantly more than 10%) - where the amount is saved in some sort of investment vehicle instead of being frittered away - you would come out ahead in the long term.

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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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pmb7612-20 02:03 PMrazis dude, I'm probably the most secular person you'll find on IV. Read my previous posts. However I have to disagree with you on this one and that too very strongly. Each of the places you mention Muslims are the Oppressors and not Oppressed.
I completely support George Bush's doctrine of smokin' em out and ridding the world of Islamofascism. He is one of the best presidents this country has ever had. However he is misunderstood throughout the world. World over - jihadis and islamofascists hate Bush with a vengeance - which tells me only this - He must be doin' somethin' right. As long as we have more leaders like Bush we are in safe hands.

We shall not tire, We shall not falter and We shall not fail - until Islamofascism is wiped out.
Just my 2 cents.

be it Palestine, Iraq, Afghanistan Somalia,Darfur,Chechnya, Kashmir, Gujarat... everywhere muslims are killed for being muslims...noone goes to cuba,srilanka,north korea,zimbawe or whereever for watever reason...just imagine God forbid someone comes into your house, occupies it, kills your family, your brothers and sisters in front of you and kicks you out of your home and you are seeing no hope of justice... you wont stand outside your home sending flowers like munna bhai's gandhigiri.. trust me you will become a terrorist.

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NKR08-05 04:34 PMInstead of getting emotional if we look at the point Rolling_Flood is trying to make, it makes perfect sense.

I don't see why there are so many angered arguments...

1. EB2/EB3 is decided by Job Profile - correct. Its always option to say NO if your employer is filing it in EB3. My previous company wanted to file my labor in EB3, I said NO and left them. Filed in EB2 with new employer.

Its easy to be sympathetic with people whose employer filed them in EB3, but remember they always had option to say NO.

2. If someone have EB3 priority date before other guy who filed EB2 from beginning, the porting EB3 to EB2 and getting ahead of EB2 guy is grossly incorrect. I can't believe USCIS lets this happen.

If someones job profile was eligible for EB3 only when they filed and now fits in EB2, they should file fresh application based on EB2 job profile.


Looking at previous trashing of thread opener, I am expecting lots of reds - so go ahead but that not going to change the truth.


No, I will not waste time on giving you a red, looks like you are someone who wants to stoke more fire. Your new PD with only this post shows your true colors (red or green or whatever you call it)



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desi393308-06 10:47 AMI agree with "singhsa".
I was reading through this thread and couldn't help replying.

Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

....
.....



Just FYI..

One can NOT claim PD recapture based on spouse's earlier PD.

Person can claim earlier PD only based on his/her earlier approved I-140.


______________________________
US Permanent Resident since 2002

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unitednations03-24 02:50 AMJust some other info for people.

One company I know has this hot list with their employee names. They send it out to their prime vendors or do their current clients.

Somehow one of the anti immigrant groups was able to get on the e-mail list.

Person from one of these groups responded back to the company with a statement saying that it is illegal to have people on bench and if any of the following LCA's belonged to the named people in the e-mail (ie., hot list) then he would report to department of labor of the violations. Person went through the pain of downloading the LCA's for the particular company and attaching it to the e-mail.

Now; who knows whether person passed on the e-mail to depatment of labor, uscis.



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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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jkays9405-24 02:31 PMI don't have the time to go one by one, but one of the arguments about "Zogby poll taken by anti-immigration" groups is at minimum comic. How about other polls posted along the years which show the obvious and logic, which is the American people (not employers of course) support lower immigration numbers ? Anyone surprised by that ?


There are over 50 different instances referencing Lou Dobbs. He misleads and misdirects and he will flip flop when he is caught between a rock and a hard place on his wild claims. CNN by extension is fast establishing itself as an anti-immigrant media house for purposes of ratings, on which is it fast loosing ground. Their latest hire Glenn Beck (http://mediamatters.org/items/200605100005) only shows that promoting such an agenda seems to save CNN's ratings from plunging to the bottom :

MON., MAY 22, 2006 VIEWERS

FNC O'REILLY 2,105,000
FNC HANNITY/COLMES 1,666,000
FNC GRETA 1,494,000
FNC HUME 1,341,000
FNC SHEP SMITH 1,215,000
CNN KING 885,000
CNN DOBBS 702,000
CNN BLITZER 592,000
CNN COOPER 590,000
CNN ZAHN 527,000
CNNHN GRACE 487,000
MSNBC HARDBALL 471,000
MSNBC OLBERMANN 406,000



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mrajatish07-08 10:07 AMHi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.

1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

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truthinspector01-02 12:58 PMIt's about time we accept that we are not a Nation, but a mere labor pool with some 535 odd "Mukadams" at national level and hundreds of "Thekedaars" at state level.


Here is a recommended motto for our currency(in replacement of "Satyamev Jayate")

One Side : "Chalta Hain"

Other Side : "Khao Khujao , Batti Buzao"

Let's move on ( yes, that's the only option with any breed of politicians that may come to power in India).



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sk200606-06 01:31 AM.. nothing on innovation and technology and more Family based immigrants on welfare and low paid jobs... Do you still think, thing of past holds good now?

I agree.



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pappu06-07 12:06 PMThere is some excellent information on this thread. Pls add it on http://immigrationvoice.org/wiki/index.php?title=Buying_a_house_in_USA&action=edit

as well
http://immigrationvoice.org/wiki/index.php/Immigration_to_US
There are some new Miscellaneous topics created in the wiki. Please help us by adding content in those titles as well so that this valuable information helps everyone. Do add links to relevant IV threads wherever possible.



mariner555504-13 12:17 AMagree with Jung.lee. if you are in california or florida ..it definitely makes sense to wait. MSN reported that lot of people are just walking away ..
http://articles.moneycentral.msn.com/Banking/HomeFinancing/HomeownersWhoJustWalkAway.aspx
-------
Ismael, 37, still lives in his four-bedroom house in Menifee, Calif., for now. But he is ready to leave.

"The situation I am in is really ugly," said Ismael, who asked that his last name be omitted. "It's better for me to walk away and leave the stress and everything that is involved in this home. I am about 95% sure I am walking away."

The single parent of a 3-year-old, Ismael bought his $370,000 home in 2005 for no money down, qualifying on his mid-$40,000s salary. (That's about triple what he might have qualified for under more traditional lending guidelines used in MSN Money's Housing Affordability Calculator.) He was paying $2,700 a month for an adjustable 8.25% loan.
Photo by Joseph A. Garcia

Then he and his girlfriend split up, reducing his household income to a single paycheck at the same time the mortgage was adjusting upward. To add to his struggles, the value of his house dropped by $145,000.

Yadira Maga�a, left, with her children Lizeth Torres, 13, and Conrad Torres III, 10, have lived at her mother's Oxnard, Calif., home since walking away from their previous residence in 2007.
Yadira Maga�a, a medical biller in her early 30s in Oxnard, Calif., has a similar story. She walked away from her $585,000 home in June 2007. When she bought it, Maga�a thought she had gotten a great deal. She made a $16,000 down payment on the house. But she lived there only eight months before her marriage collapsed.

She couldn't afford to pay the $4,500 monthly interest-only mortgage, plus taxes and insurance separately, on her own $50,000 income. So she and her two children moved into her mother's house.



gc_chahiye08-03 02:05 PM... going from consulting companies to "permanent jobs"; .... all of these things add a lot of complexities.

huh? another shocker (atleast for me): what is the issue with using AC21 to go from a consulting job to a permanent one? As long as title and duties say the same. If I am consulting at a client site, cant I use AC21 to join them fulltime 6 months down the line? My duties etc remain exactly the same.