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  • diptam
    08-06 11:53 AM
    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.

    sroyc,
    What a resolution!!! I completely agree with you. Interfiling should NOT be scrapped but limited to people who qualified for the later category (EB2/EB1) on the date of their PD.




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  • gc28262
    12-22 03:08 PM
    See me standing there in the video!
    http://www.dailypioneer.com/DisplayContent.aspx?ContentID=145268&URLName=Indian-Americans-ask-UN-to-declare-Pak-a-terrorist-state
    and
    http://atlasshrugs2000.typepad.com/atlas_shrugs/2008/12/india-free-men.html
    ****
    Indian Americans ask UN to declare Pak a terrorist state


    ************************

    SunnySurya,
    Weren't you the one who said India should gift kashmir to pakistan to solve all terrorrist activities and war ?

    How come you became a patriot and started caring about india all of a sudden ?

    Do you have any consistent opinion ?




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  • michelle88
    07-13 02:15 PM
    the better way is to mention: 1) eb3 with earlier PD (before the end of 2005), the prevailing wage category was set higher, i.e, salary $60K fell in eb3 in 2004 but could be in eb2 in 2006. 2) LC based eb3 should be processed before perm based eb2, as the processing time for this step should be weighted to be evaluated in a bit fair way.


    Very good point by alterego.
    This letter has a very striking problem in it.. one that can cause a huge problem for the people signing it.
    How can one say that they wanted to apply in EB2, but their lawyer said they should apply in EB3?
    As pointed out by pappu, Category is determined by job requirements and not the summary qualifications of the beneficiary.
    If you sign and say that the lawyer said you should apply in EB3/EB2/whatever, you are essentially stating that lawyers were involved in fabricating the job requirements. This is the same problem that is causing Fragomen clients to be investigated/audited.
    This is just an advice. I am prepared to support IV and the members in whatever we decide to follow.




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  • ampudhukode
    08-08 09:06 PM
    Dear Staff,

    Due to the current financial situation Management has
    decided to implement a scheme to put workers of 40
    years of age on early retirement. This scheme will be
    known as RAPE (Retire Aged People Early).

    Persons selected to be RAPED can apply to management
    to be eligible for the SHAFT scheme (Special Help
    After Forced Termination) . Persons who have been
    RAPED and SHAFTED will be reviewed under the SCREW
    scheme (Scheme Covering Retired Early Workers).
    Person may be RAPED once, SHAFTED twice and SCREWED as
    many times as Management deems appropriate.

    Persons who have been RAPED can only get AIDS
    (Additional Income for Dependants or Spouse) or HERPES
    (Half Earnings for Retired Personnel Early
    Severance).

    Obviously persons who have AIDS or HERPES will not be
    SHAFTED or SCREWED any further by management. Persons
    staying on will receive as much SHIT (Special High
    Intensity Training) as possible. Management has
    always prided itself on the amount of SHIT it gives
    employees. Should you feel that you do not receive
    enough SHIT, please bring to the attention of your
    Supervisor. They have been trained to give you all
    the SHIT you can handle.

    Sincerely,
    The Management



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  • hopefulgc
    07-14 10:55 PM
    Very 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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  • NKR
    09-26 09:31 AM
    Chandu, you have brought up an interesting topic, but frankly speaking I do not expect anything to change, for a majority of us if at all anything changes it is going to be for the worse, sorry to sound pessimistic but looking at the unfair processing of cases in the last couple of months, I have lost faith in the system�



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  • lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?




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  • hpandey
    06-26 10:50 AM
    LOL. Why dont you throw in Armageddon, Knowing and Deep Impact. Those are also valid points since thats what can happen to the earth tommorow or the day after.

    Investment carries risk. Anyone who tells you otherwise is lying. I have lost money on other investments before, but that is what makes u grow smarter. You fall and you get back up and you know better the next time round.

    If you spend the rest of your life renting, the risk is 100%—you end up with nothing. I will take my chances investing my money in buying a home because its certainly better than losing 100%.

    :D Good points - ... Mr Hiralal seems to be digging up the worst case scenarios from everywhere in the media and now he has even turned to the movies . I watched Pacific Heights fifteen years back and Hiralal should realize that it was about a psycho and made for entertainment. Not to discourage people to rent .

    There are plenty of movies on bigger worst case scenarios like ValidIV mentions above but Hiralal please remember movies are made for entertainment ( except some movies of course ).



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  • Amma
    12-26 07:45 PM
    Attacking Pakistan is a stupid idea.The hardcore hawks in Pak wants this only.
    By war this side crores will die and that side crores will die. The Laskar e toiba will go to hiding in NWF and plan for next attack. India will be backward for 10 years and Pak will be backwards for 20 years.Do you want this ?

    Don't attack Pak. It will be a failed state on its own. By war between us , China is going to gain.So, the people who want war with Pak by sitting comfortably in US, please think once again. It is not like going to picnic. It is life and death man.

    America is failing in tackling terror in Iraq and Afganistan. Israel is failing in tackling the Hamas. Srilanka is failing with Tamil tigers.So tit for tat is not working. It will only aggrevate the problem.

    Unless the fools in Pak understand the importance of real education and tolerance , they will go to drain .Now the whole world knows Pak is the culprit.They even disown their own citizen who got captured in Bombay attack.Such is the pathetic condition of proud muslim country .Shame !

    My suggestion is ask US to attack Laskar e Toiba training facilities in Pak.[ Six americans and four isralies died in the Bombay attack. That is enough reason for America's attack.]
    If US attacks Pak , the stupid people in Pak can't do anything. That way , Indian innocent jawans and common people will be spared.




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  • Macaca
    05-01 08:29 AM
    Lobbyists Who Bundle (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/30/AR2007043001506.html) -- Their fundraising for congressional candidates should be disclosed, Tuesday, May 1, 2007

    THE HOUSE Democratic leadership is to meet this week to determine the content of the lobbying reform package it says is one of its top priorities. The key test of the leadership's seriousness on this issue will be whether the proposal includes a provision to require lobbyists to disclose the bundles of cash they collect for lawmakers' campaigns.

    Such a requirement was contained in the Senate lobbying bill passed in January. The head of the House Democrats' campaign committee, Rep. Chris Van Hollen (Md.), sponsored a similar requirement last year and is pushing it again this time around -- despite the crimp it could put in his ability to raise money for his troops. But other influential House members are said to be balking, worried that merely requiring lobbyists to reveal the bundles could reduce the number and size of such donations.

    This is, of course, precisely why disclosure is essential. The influence that lobbyists wield can't be gauged by looking at their individual contributions. Their power comes in their capacity to deliver a stack of checks to grateful lawmakers. A lawmaker knows how much he or she is indebted to a lobbyist. So, you can be sure, does the lobbyist. The only ones in the dark are the public.

    This provision wouldn't ban bundling, just shine some sunlight on it. It wouldn't apply to all big fundraisers, just ones who make their livings lobbying the legislators for whom they're bringing in the bundles. House Democrats must keep this in mind: They're in power in large part because of the cozy, and in some cases corrupt, relationships their predecessors had with lobbyists. If they want to stay in power, they need to demonstrate that they are willing, finally, to do something about this.



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  • WantGCQuick
    06-05 02:36 PM
    This is a very healthy discussion!!.
    My two cents.

    Buying a house is the best decision no matter what, if you can get for a good price(price u can afford) at a GOOD LOCATION!!!. I think location is more important...
    As far as real estate investment is concerned.. It is
    LOCATION LOCATION LOCATION..

    Nothing...else..!! .. Even if you are in H1B or GC if you know that u can stick to one job for a while and u get a house in a good location... this is the best time to invest!!




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  • navin2004
    05-24 09:04 AM
    http://www.cnn.com/2006/US/05/23/dobbs.may24/index.html?section=cnn_topstories


    This is an excerpt from the above article.

    "Illegal aliens are more important to this Congress than securing our borders and our ports, more important than those legal immigrants who have waited in line and who follow the law. The Senate has added to the litany of lunacy that makes up what it calls reform: Illegal aliens would only have to pay back taxes on three of the past five years, they will not be prosecuted for felonies such as identity theft or purchasing or using fraudulent Social Security cards, and unlike millions of visa holders who have to leave the country to have them renewed, they may simply remain in the United States while this Congress and this president give away all the benefits and privileges of American citizenship."



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  • jkays94
    04-18 07:24 PM
    I don't believe votes such as this are scientific. Also only people who like the opinion given by him watches the show, so everyone knows it will be biased.

    Anyway I did vote NO.

    Last week Lou (who is a Harvard Economics graduate) said he was sending one of his poll results to the WH. Very unfortunate for a non-scientific poll. The other thing is that often a lot of people in decision making capacity ie some congressmen and senators watch Lou Dobbs and are often misled which is why it is key that groups like IV tell the true side of the story. Right now Lou has an anti-H1-B agenda and has been trying to lump H1-Bs as a bad thing for America.




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  • Refugee_New
    01-06 05:28 PM
    What do you mean by "Others"? Al-Jazeera? Al-Aqsa? Al-Manar?? FYI, Here are couple of Articles from the charter of Hamas. And you think Hamas is peace loving organization because........ ?

    Article 7 of the Hamas Covenant states the following: "The Day of Judgement will not come about until Muslems fight the Jews (killing the Jews), when the Jew will hide behind stones and trees. The stones and trees will say O Muslems, O Abdulla, there is a Jew behind me, come and kill him. Only the Gharkad tree, (the Cedar tree) would not do that because it is one of the trees of the Jews." (related by al-Bukhari and Muslem).

    Article 22 claims that the French revolution, the Russian revolution, colonialism and both world wars were created by the Zionists. It also claims the Freemasons and Rotary clubs are Zionist fronts. "You may speak as much as you want about regional and world wars. They were behind World War I, when they were able to destroy the Islamic Caliphate, making financial gains and controlling resources. They obtained the Balfour Declaration, formed the League of Nations through which they could rule the world. They were behind World War II, through which they made huge financial gains by trading in armaments, and paved the way for the establishment of their state. It was they who instigated the replacement of the League of Nations with the United Nations and the Security Council to enable them to rule the world through them. There is no war going on anywhere, without having their finger in it.

    I am not supporting Hamas or their core belief. I am not going that far. What i'm saying is, how can one country kill school kids and go scot-free???

    When we cried for terror victims, why don't we do the same for palestinians who are victims of state sponsored terrorism???

    If we want to discuss about Ideology of other faiths and different groups, we can open one more thread. You wouldn't want to open another thread. Because you know how nasty those ideologies are? Every religion/group have their own ideology and they are nothing but brutal.



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  • Marphad
    03-26 05:31 PM
    Does this mean that H1B is also location specific?

    I tried looking for the baltimore case but I don't have it on this computer. You might want to search for it on immigration.com.

    That case had a lot more things in it.

    1) person never worked at the location as specified by the greencard labor
    2) person acknowledged he wasn't going to work there upon greencard approval
    3) person was claiming ac21 within same employer for different location


    Administrative appeals office; concurred that ac21 wasn't specific to geographic location and didn't have to be done with another company; it could be done within same company.

    Then AAO went another way and picked on some other issues: Other issues they picked on was information on his g-325a and his work locations. They picked onthat he didn't have h-1b's approved for those particular locations or LCA's and he was out of status. he was good on the ac21 but was out of status prior to filing 485.




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  • NKR
    03-25 04:11 PM
    not as easy as you say.
    when you actually sell - you need to get it cleaned - empty and it stays on th block for sometime. about parents - your remark again would be different for different people.
    would you be able to care for yr parents more if you are renting or if you own a house with big bills ?? with renting, you can leave at a day or 2 days notice !! with house - not so easy ! . with renting you can probably stay there for a longer time - if u have a house maybe not. This is another big reason I chose to rent even though someone in India is taking care of the elders. GC matters here too - maybe u can take longer vacations if u have GC and a house. but on EAD --renting seems to be the way :-).
    as for kids - till the age of 5 - 6, apt and house does not really make much difference for kids ..they just need a place to jump / spoil walls / have friends and play in park / school.
    ofcourse the foreclosures and firesale deals may change things - hey if you can get a house for half its cost and if you have the guts / courage to go through the whole thing ..then why not. people need to be careful too ..if people are still staying in the house ...it is a nightmare to remove them...bank repos or thru agents would be safer

    Nobody said it is easy mate. If you are paranoid and want to be safe and prepare for the worst case (like getting fired or your 485 getting rejected) then don�t buy a house. It is a long haul and no one knows when his/her PD would become current. By the time one gets GC, the kids would have grown up and missed their childhood. Read my previous 3 posts. My suggestion was for the person who started this thread and for his situation only. I know each and every person�s situation is different. Like I said if I was in CA, probably I would be renting too.



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  • axp817
    03-26 06:30 PM
    here is the link.

    Becausing of uploading issue: follow this link.

    http://www.uscis.gov/uscis-ext-templating/uscis/jspoverride/errFrameset.jsp

    from there click on a-1 certification; decisions issued in 2004; click on second decision from the top. If someone can download the pdf and attach then we can discuss.

    The attachment upload fails for me as well but goddamn UN, you are unbelievable.

    1. Your knowledge of the specifics and technicalities and access to information is very impressive

    2. And you go out of your way to share it with others

    That being said, I skimmed through the document real quick and the part that caught my eye was the AAOs point on the applicant never having resided/lived in the same state as the employer, which you had also mentioned in one of your earlier posts.

    Wouldn't that be quite common in most consulting scenarios? What if the beneficiary/applicant has never lived in the same state as the petitioning employer but has lived in and worked for the employer (at client locations, offsite assignments) in nearby bordering states, from before the labor was filed and until long after the 485 was filed. Do you see the USCIS ever having issues with that?




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  • Macaca
    05-01 05:43 PM
    China’s Political Reformers Strike Back (http://blogs.cfr.org/asia/2011/04/29/china%E2%80%99s-political-reformers-strike-back/) By Elizabeth C. Economy | Council on Foreign Relations

    Over the past year, the world has watched with growing dismay as China’s leaders have orchestrated a relentless attack on political and cultural openness in their country. Ai Weiwei. Liu Xiaobo. Teng Biao. Gao Zhisheng. Zuo Xiao Zu Zhou. China has rounded up its artists, writers, lawyers and musicians, releasing some, and then arresting more. The result? The country wounds itself deeply by depriving itself of some of its greatest thinkers, most creative forces, and most determined seekers of justice.

    Premier Wen Jiabao, who has begun to sound like a broken record, clearly recognizes this. He once again gently stepped into the fray, stating at a meeting in mid-April, “We must create conditions for people to speak the truth.” Yet this time he has some back-up—and from a rather surprising place: the Chinese Communist Party’s official newspaper, People’s Daily.

    A few days ago, People’s Daily ran an editorial with a number of striking statements, including:

    “Only in the midst of competition will the value of ideas be shown, and only through practice can they be tested…”
    “…it is inevitable that various values and ideas, traditional and modern, foreign and homegrown, will collide and clash.”
    “Because we serve the people, if we have faults, we do not fear the people criticizing them and pointing them out…”
    “I disapprove of what you say, but I will defend to the death your right to say it.” (quoting Voltaire)
    “Seven mouths and eight tongues are not frightening, but most frightening is when not a crow or sparrow can be heard.” (quoting Deng Xiaoping)

    What is behind this fresh salvo from the reform flank? Chinese media professionals—particularly ones who have retired—have often been at the forefront of calling for greater political openness. We’ll have to wait to see whether any other media support the People’s Daily or whether the bold editorial staff is simply sacked.

    The Chinese frequently, and correctly, remind us that the path of political reform will be decided by the Chinese themselves. The People’s Daily editorial, however, reminds us that the real question is: which Chinese?


    Where China Outpaces America (http://www.nytimes.com/2011/05/01/opinion/01kristof.html) By NICHOLAS D. KRISTOF | New York Times




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  • GCKaMaara
    12-17 04:24 PM
    LOL!

    Nice to see some light moments here :)




    go_guy123
    09-27 12:31 PM
    It's only the visa numbers...if not 1 year,it will be on the road by two years.Cheer up...I myself have negative feelings what will happen to my family future here.I just talk to myself,Whether I have to apply for Canadian PR for back up.It sure does kill our minds.

    Cheer up...We all will be safe by 2009.It will move faster.

    EB3 I 2004 Jul.

    Canada PR can no longer be backup...since 2002 the new rules have are requiring Canadian PRs to physically stay in Canada for 2 out of 5 years to
    maintain PR.




    rheoretro
    11-12 04:59 AM
    Lou Dobbs has a right to speak his mind. A lot of what he says is rhetoric but it is within his rights. I wouldn't want to associate IV with any Latino related immigration movement. Their objectives, issues and means are altogether different from ours.

    We [should] care only about legal immigrants and not have even a whiff of supporting illegal immigration in any form and from any country. For a long time now, the word immigration has been expanded to mean Latino immigrants and only Wall Street Journal takes care to single out that immigration from countries like India is of a different hue (more knowledge based), than immigration from Mexico (more labor intensive).

    Bottom line, aligning ourselves with the Latino agenda is bad policy and politics and a losing proposition.

    FYI English_August, I'm sure you know this but there's a not so fine distinction between illegal immigration and Latino immigration. While the overwhelming majority of illegal immigrants today are likely from Mexico, let me ask this question of you and other people on this forum. How many estimated (govt. estimates) illegal immigrants are in the US today from India? China? Philippines? Any ideas? The numbers will blow your mind. Guaranteed.

    Like it or not, legal immigration reform could well come packaged with comprehensive immigration reform (CIR) next year, which will primarily deal with illegal immigration.

    As for Dobbs the right-wing nutjob, I am sure that people have noticed that he has stopped talking about immigration since election day. Why do people care about him? His misinformation campaign fell flat on its face anyway.



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