Thursday, June 30, 2011

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  • sc3
    08-05 06:41 PM
    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.

    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.

    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.

    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??

    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.

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  • Macaca
    02-17 02:35 PM
    American Immigration Control Foundation (AICF (
    Americans for Legal Immigration - ALIPAC (
    American Patrol/Voice of Citizens Together (
    California Coalition for Immigration Reform (
    Californians for Population Stabilization (
    Center for Immigration Studies (CIS (
    Colorado Alliance for Immigration Reform (CAIR (
    Federation for American Immigration Reform (FAIR (
    The Heritage Foundation (
    Minutemen (
    NumbersUSA (
    Population-Environment Balance (
    Pro English (
    Programmer's Guild (
    ProjectUSA (
    The Social Contract Press (
    U.S. English (
    U.S. Inc.

    Hate Groups (

    These organizations do not disclose the contributions made to them and the management of these contributions.
    Most of these organizations have full time employees.

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  • gcnotfiledyet
    03-24 03:53 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Your posts are arguably best on this forum. I have religiously read all your posts and will do in future. Your posts always make sense. I just wish we could get more insight and perspective from you. Great work. Keep them coming.

    What are your thoughts on h1bs/GC sponsored by universities. Do you forsee any problems with them? Also any insight on long time it takes for visa stamping?

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  • eb3India
    03-29 09:08 AM
    I was watching Lou Dobbs yesterday he was discussing STRIVE act being introduced in house,

    He pulled out a slide which says they bring 2 million legals every year and part of which said 400,000 H1Bs every year,

    Where does he get this number when anual quota is only 65K, can some one verify this


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  • munnu77
    12-18 03:52 PM
    good article..
    but i always believed, if there is a war between these countries, India will be the loser as pakistan has nothing to lose right now..we will go 10-15 yrs behind compared to other developing countires..
    The war between 2 countries is that the terrorists really want, so they get a bigger grip on pakistan and they can recruit more people into them showing this..
    Europen countries doesnt have much of a problem if they want to attack pak..
    They will bomb and just go..India will have to deal with a destabilised country and people after tht..may be for decades

    y are people giving me red and pouring bad languages..
    I didnt or intend to insult any country or religion..I said only things tht I think are the facts..
    If someone feels the other way..I am sorry..

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  • Administrator2
    01-08 03:25 PM

    Please check your private messages. We do not encourage abusive language on this forum. We very much appreciate your participation in this very important effort but no one wants to see you use abusive language at all times, including when discussing controvertial topics.




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  • BharatPremi
    03-26 05:05 PM
    Unfortunately, there are no simple answers. Mortgage rates are tied to 10 year bond rate, so they generally are not affected much by short term fed rate. With credit crunch, bond market is in real bad shape.
    Fed is trying to supply short term funds to ease this crunch. I don't know how low Fed will go for this. What I am seeing is mortgage rates being stable or going down a little in near term bcoz of Fed easing. For long term, I believe rates will go up as bonds have to become attractive to get new investors.This may not be the best ( absolute bottom) but definitely very good time to refinance if it makes sense for your conditions.
    For first time buyers like me, there are a lot of parameters to be considered. In my opinion the parameters are tilted towards faster house price drop . Hence I am waiting at least for a year. I will not do anything till next spring.

    Thank you very much.

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  • H1B-GC
    09-26 08:50 AM
    Also,as America becomes more socialistic the power of lobbying from companies becomes even more less appealing to the Politicians. Our interests had to be protected by ourselves.,8599,1843168,00.html


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  • rbalaji5
    07-13 10:38 PM
    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?

    Remember, a drowning man will clutch on to a straw for hope. You are like a sailor in a boat trying to tell the drowning man that a straw is no good. So, if you cannot get Eb3-Indians to see your point-of-view, just lay off this thread. Do you really expect all EB3-Indians to say "Thanks to delax, we now see the folly of our arguments. Let's stop this irrational effort, and instead just do nothing!"

    I can assure you that despite being an EB3-Indian, I am not participating in this campaign. Because I know that it is a ridiculous argument to expect PD to take preference over skills. And honestly, I cannot come up with a single rational reason to demand a GC for me over any EB1 or EB2 applicant.

    To all you EB3-Indians, chisel this into your brain: The US immigration system wants EB1 first, then EB2 and then EB3. It doesn't matter what your qualifications are or what the profession is...what matters is in which employment-based category was your LC filed. If you think, you are skilled enough, then stop wasting time in arguing with EB2 folks. Use your skills to apply for EB1 (which is current) or EB2 and get your GC fast. Otherwise, get this chiselled into your head as well: You are less skilled than EB2 and EB1 (purely on the basis of the LC category), so it makes 100% sense that US will give you the lowest priority. Period.

    As I wrote earlier, I'm an EB3-Indian as well. Only differences being, I have still maintained my sanity, and I have the patience to wait for IV to deliver the official guidance on proceeding further.

    Great one -

    Yes - if you have enough skills and experience amend your category to EB1, you will get your visa way faster before EB2.

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  • bajrangbali
    06-07 05:46 PM
    Thread gets more interesting...way of the way it transformed from home buying good/bad to sound investment is my bit:

    With all the $$ spending by government, inflation is inevitable. FED can try to fight it by increasing interest rates, but that will open another box of worms. In a hurry now and will post a detailed discussion later about interest rates, fed and inflation..very interesting indeed

    my take is gold...solid investment in these times and a proven hedge against inflation

    goodluck guys..more later


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  • xyzgc
    12-30 02:23 AM
    I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India.
    Thats the vicious cycle.

    It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.

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  • gimme_GC2006
    03-27 03:23 PM
    ok..My docs have been received by AO.

    Here is the email I got back today

    Good morning, Mr XYZ. I received your email and will be in touch after review of the mailed documents. Thank you for your prompt attention to this matter.

    I hope everything goes smooth...still waiting :o


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  • unitednations
    03-24 12:34 PM
    face it as long as the economy is tanking this is going to be an ongoing debate. Everything goes thorugh stages of high and low and we are now expereincing the lows of having the h1b's.

    Sledge While your points are valid, remember folks do not choose consulting (nor do students) as a first choice but I have friends who were employed without any issues directly with client companies who in the midst of recession decide to fire everyone. What are you options if your GC is denied because the company declared bankruptcy? How do you justify to yourself staying with the employer when they files you under Eb3 category when you a master's degree holder from one of the 10 best universities in the US? What are the employee choices here, just pack up and leave? leave houses, friends and people you stayed with many years.

    You think they haven't searched for full time positions with other companies only to be turned back? or worse case restart the entire GC process and forgo the 6+ years?

    And the experiences I am relating are from the 2001 recession. I have already seen history repeat itself now but my more fear is that tomorrow USCIS will unfortunately hit the person who followed all the rules After all how is the USCIS knowing which are the good companies and which are bad? These very things are happening and very much can happen to you as well. Do not sit on a high perch and think it will not trickle down to me

    That is one thing I have noticed of this divide between non consulting and consulting jobs.

    Reality is that people either came on f-1 or they came on h-1 through staffing company.

    Permanent jobs are the least safe from immigration point of view. As soon as there is a downturn; they will cut your job unmercilessly; doesn't matter which stage of the greencard you are in. You have absolutely no flexibility whatsoever (eb2 versus eb3); when or if they are going to start the greencard process. In fact companies such as these are the ones who generally won't give you any details of labor or 140.

    Many of the peple who are in 8 or 9 year h-1b painfully learned this lesson. They generally started at staffing company; got enticed by permanent job; got stuck in labor processing; got laid off; jumped back to staffing company; chased labor substitution; got 140 denied; jumped to another company and started again.

    Many of the people I discussed with who have been here for a long time on h-1b were continually re-starting their greencard for all these issues.

    I remember seeing a posting by another member that stated people from india were more susceptible to being out of status or having applications denied because of the long wait to get the greencard. The longer it goes; the bigger chane of something going wrong.

    People from other countries don't have such issues. I know one person from Uzbekistan who was on OPT and filed h-1b quota case in April 2007; at the same time company filed labor for him. He got greencard approved before the h-1b even got adjudicated.

    One of the issues of stafffing companies is that it is usually run by another person who was a non immigrant at one point themselves so they did not revoke h-1b's and were very flexible with their employees (that flexibility made them skirt h-1b rules). However, now that flexibility is gone as USCIS has gone through zero tolerance.

    The way USCIS/DOL/CONSULATES are behaving is making it very difficult for even the traditional companies to pursue or even keep non immigrants. Right now with the layoffs, many people from the traditional companies are approaching the staffing companies to do h-1b's. However, the staffing companies are not doing them because they are starting to follow the rules as close as they can. If they don't have a job for you then they are not going to file (no more speculative employment).

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  • NKR
    08-06 03:48 PM
    No one can guarantee that. and that is the whole concept of "preference categories" . So now its ok for A to jump to EB2 and leapfrog everyone with his/her 2002 PD? Does 5 years of work have that much value? He/She would be ahead of 2003 EB2 filers that may have been working on degrees since 1999. That's ok by you? The faster movement of EB2 makes up for the years of education. I say, by all means BS+5 shoudl file EB2, I just don't agree with the porting. That PD was for an entirely different skill set and job. I know its the law. I still disagree. Can do that last I knew :-)

    Are you pascal with a different ID by any chance? :), I don�t know, I thought I saw pascal id above the previous post before the id changed to Ifwf


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  • unitednations
    07-10 03:21 PM
    UN, I am impressed by your knowledge of immigration laws. Can you point me in right direction as to where I find information regarding the current immigration laws and their interpretations.

    I'll tell you how I did it:

    1) USCIS administrative appeals office decisions (can be found by navigating around USCIS.GOV

    2) USCIS memos/interpretations/policies (can also be found on uscis)

    3) Go to department of state web-site. Navigate around it and you will find links to their procedures and interpretations

    4) monitor the forums and see postings

    5) immigration portal used to have links or summaries to AILA liaision minutes with service centers

    6) people used to send me their rfe's, denials and what they lawyers did to get them into the mess. Basically learning how people got into a mess and what uscis did to catch them or to deny their cases

    7) go to and look for foreign labor certification; there are FAQ's on perm labors and h-1b

    8) go to and read the INA and CFR's


    If a person is used to reading laws and understanding the hierarchy and then intertwining uscis procedure along with the various service center procedure then you will start to get a clearer understanding.

    All of the information is public. Don't rely on what your friend told you as they usually only know what someone else told them.

    I had a non compete agreement when I left my employer and couldn't work for one year. During that year; I had nothing to do other then watch tv and watch the portal. No matter how small a question was asked/posted I researched it through all the sources I mentioned above.

    Finally; don't do what you think is right or "gut feeling"...

    Research it; research it and research it some more. Sometimes what you read at first glance; you make a conclusion to your own benefit without understanding all the other laws/policies/procedures that override it.

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  • perm2gc
    08-11 11:51 AM
    The Two Faces of Lou Dobbs
    Zachary Roth

    In April, John Kerry's campaign released a TV ad attacking President Bush for supporting the export of U.S. jobs overseas. The ad was misleading -- although Gregory Mankiw, the chief White House economist, has said that, "outsourcing is just a new way of doing international trade," Bush himself has never explicitly said he favors sending jobs abroad. But Kerry's ad highlighted the fact that Democrats see corporate outsourcing -- in which American corporations abandon the U.S. in favor of cheaper sources of foreign labor -- as a potentially damaging issue for the president. During the Democratic primaries, both John Edwards and, to a lesser extent, Kerry attacked the president for policies that, they argued, encouraged job loss in the United States. The issue resonated with voters, especially in states like Ohio and Michigan, which have been hit hard by the loss of manufacturing jobs.

    Enter Lou Dobbs. The distinguished-looking host of CNN's "Lou Dobbs Tonight" has established a reputation this year as one of the most outspoken opponents of corporate outsourcing. Dobbs has turned his nightly news show into a one-man campaign -- the head of the Business Roundtable called it a "jihad" -- against the practice. Night after night, he roundly attacks government trade policies that he believes encourage American corporations to ship jobs abroad.

    But it's not just U.S. policymakers who are the targets of Dobbs's indignation. He makes little attempt to hide his disdain for the companies that are, as he puts it, "exporting America." And Dobbs is watched, so it's fair to say his views sway voters.


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  • unitednations
    07-19 02:29 PM
    Sorry for sending the PM.

    This link was provided in another thread regarding H1B status. Not entirely sure what it means. D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Q : Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.

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  • msngroups
    05-16 01:18 PM
    US laws are really sucking. You come here on H1B visa, live here for 8 yrs and still on H1B visa and no Green card. Reason sucking laws that if you change your employers, your Green card processing goes waste every time.

    What is use of living in this country legally here for 8 straight yrs and paying all those taxes, spending most of your earnings???? Still worrying if your labor with most recent company would be certified or not???????

    The law should be changed. If you live here for 4-5 yrs and pay taxes, one should be eligible for applying for Permanent Residence on their own like many other countries.

    Here no freedom for Employees. It is EMPLOYER driven.

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  • chanduv23
    03-25 01:48 PM
    Any stories of AOS applicants porting to self employment under AC21, that you could share with us?

    Given your explanation on risks involved with porting to a small company, I wonder how self employment plays out in an AC21 scenario.

    Thanks very much, as always.

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    05-09 05:48 PM
    Utah's Immigration Model ( Wall Street Journal Editorial

    If the states are meant to be laboratories of democracy, they have to get a chance to actually run their experiments. That's the story in Utah, where a new state immigration law is catching flak even before it goes into effect.

    In a Senate Judiciary hearing on Wednesday, Attorney General Eric Holder said the law, which combines enforcement measures with a guest worker program, needs to be adjusted or face federal lawsuits. Pressed on whether the Administration planned to sue Utah, Mr. Holder said the Department of Justice "will look at the law, and if it is not changed to our satisfaction by 2013, we will take the necessary steps."

    That's a tad awkward for the Attorney General, since the Utah plan probably looks a lot like what the federal government will end up considering if immigration reform has any hope of passing. Last summer, the Administration pounced like election-year politicians on an Arizona law that enlisted local police to enforce federal immigration statutes. So what's a state to do?

    Passed by the state's GOP legislature and signed by Republican Governor Gary Herbert in March, Utah's plan is notable because it's the first in the country that would allow undocumented immigrants to get a permit and work legally, after paying a fine of up to $2500 and meeting other conditions. The program is part of a larger package that includes increased scrutiny of immigrants who break the law. The compromise allows the state to address the economy's demand for workers�thus reducing the incentive for illegal immigration�while satisfying voters who don't want to reward those who arrived illegally.

    Like Arizona, Utah is already fending off lawsuits from the left. On Tuesday, the American Civil Liberties Union and the National Immigration Law Center sued to stop the portion of the law similar to the one in Arizona that enlists state and local police in the effort to identify illegal immigrants. In Utah's version, anyone who is arrested for a felony or serious misdemeanor has to show proof of citizenship.

    Unlike measures that unite talk radio hosts and labor unions against "amnesty," the Utah law doesn't create a path to citizenship or have any effect on an immigrant's legal status. That model could work for other states looking for a bipartisan compromise. Republican legislators in Texas have introduced similar legislation for guest worker programs, and Nebraska lawmakers plan to travel to Utah to learn more about the new law.

    Critics of state immigration laws often maintain that those decisions are the province of the federal government. Article 1, Section 8 of the Constitution grants Congress the power "To establish an uniform Rule of Naturalization," and it's possible Utah might lose in court. But what are states to do when the federal government is unable to act on immigration? Utah's laws don't grant legal status to undocumented workers; they grant a work permit. Does the federal government have the power over such employment decisions?

    States are passing these laws because Congress has abdicated. Instead of ordering Utah to step back in line, or else, the Administration might consider what it can learn from Utah legislators who made a good faith effort to balance competing interests and solve a problem.

    Immigration: A better farm worker fix (,0,7562015.story) Los Angeles Times Editorial
    U.S. Warns Schools Against Checking Immigration Status ( By KIRK SEMPLE | New York Times
    Is the Asian Century upon us? It depends ( By HARUHIKO KURODA | Globe and Mail Update
    Immigration North of the Border ( By Hazeen Ashby | The Huffington Post
    Another project in trouble
    First the euro, now Schengen. Europe�s grandest integration projects seem to be suffering (
    The Economist
    Smugglers Guide Illegal Immigrants With Cues via Cellphone ( By MARC LACEY | New York Times
    As Barriers to Lawyers Persist, Immigrant Advocates Ponder Solutions ( By SAM DOLNICK | New York Times
    Lawyers for Immigrants ( Letters | New York Times

    04-06 04:00 PM
    It was crazy till last year. Things started going south from this year begining. I am seeing foreclosures and auctions here in bay area. There are price reductions of 100K in the mls listings. This is just starting. It is a matter of time. Some more quotes...
    “Bay Area home sales have plummeted to their lowest level in two decades, making the wait between commission checks unbearable for many agents. Bonnie Stevens, an agent in Pleasanton, began her real estate career in 1995, at the end of the market’s last down cycle.”

    “‘This is actually worse than 1995. There are agents in my office who have been in the business for 30 years telling me that this is the worst they’ve seen,’ she said.”

    “During her 13 years as an agent, a good year for Stevens has meant selling 15 to 18 homes. So far this year, she’s sold only one.”

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