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  • SunnySurya
    08-05 01:45 PM
    Why, what is difference? Why was labor substitution bad. It was perfectly legal after all.
    You can't generalize everything. Do you care to show how this is as bad as labor substitution ?


    How about comparing the actual job duties of all EB2s and EB3s . Not just what their lawyer says ?





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  • immique
    07-14 10:01 PM
    For all those people who are misguiding the EB3 members on the forum- please stop playing with people's hopes and stop this nonsense about petition for spillover from EB1 to EB3. this is a foolish arguement and will not work. Do you think USCIS will give preference to EB2 over EB1? hell no. similarly, EB3 will not get any spill over visas unless EB2 is current. EB preferences are are established for a reason to give preference to better qualified individuals that US thinks are much needed. similarly family based preferences are established to give preference to dependents/relatives of US Citizens over other categories. Can you imagine second or third preference Family based category getting preference over the first preference category in Family based applications? No way this is going to happen.

    Moreover after taking heat from Congress for wrongly interpreting the EB laws and unfairly giving visas to EB3 last year while EB2 is still retrogressed, do you really think that USCIS/DOS will make the same mistake again? some of the people seem to be wandering in a fool's paradise. this whole petition drama has caused rifts among the EB immigrant community for no good reason. the only way for EB3 to move forward is by EB2 becoming current and it may happen next year.

    I can tell you for sure what kind of results this petition will produce.

    1. it will not poduce any spillover to EB3 at all.

    2. it will definitely attract more scrutiny towards EB2 from USCIS as it will try to establish clear distinction between EB2 and EB3 so that people are not confused between the categories thinking that they also qualify for EB2 as mentioned in the petition. USCIS may start strictly implementing "exceptional ability/ advanced degree/ Professional Occupation" part of the EB2 definition and start questioning the 5 year experience that many EB3 have used to convert to EB2. This will result in more problems for EB3 to EB2 conversions who have already filed and for future filings and will make it easier for people with Advanced degrees. This will help USCIS to make EB2 current quickly by greatly decreasing the number of applications in EB2 and may be then use the spill over to EB3.

    After reading all this if people are still not convinced about my arguement, then go ahead and send in your petitions to whom ever you want to. As I said above, it will do more harm to EB3 than any good as it will potentially make it impossible for any future EB3 to EB2 conversions. Good luck in your effort.





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  • hiralal
    06-07 09:38 PM
    Chances of loosing right now, is very slim, since everything is lost and if you still have a good healthy job, chances are you would have it, and if you have backup like double income, you are running in no probability zone.

    After your i485 gets denied, I am assuming you can file MTR and wait for it. More senior members may throw light but I am guessing you would have 2-3 months time to leave the country.
    . o.k. Thanks. I don't understand why chances of losing are slim ?
    it is not high but it is not slim either for those on EAD / H1. majority of jobs posted ask for GC. H1 is in complete mess if you talk to any immi lawyer (I have a friend who is lawyer and I heard the same from a lawyer on desi radio).
    buying one house may still be o.k. ...buying 2 - 3 houses to put it on rent is absolute nightmare ..my friend tried that too (he too believed earlier that land is best asset) ... the renter stopped paying rent and he had trouble in evicting him ..on top of it the renter painted the rooms in wierd colors ...also how do you chechk how many people are staying in the house that you give on rent ..it is messy all way around ..if you really believe in land then better to buy some REITS (that is in mess too right now). luckily I had economics in my final year in engg college and the first and the fundamental equation is relation between supply and demand.
    in this country land is in huge huge supply (just look around) and families are getting smaller and green cards is given to 60 year old's (who just leave).
    credit is tight and will be for a long long time ..baby boomers will start selling their homes once prices stop falling ...so supply is massive and less demand ..





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  • GCKaMaara
    01-09 01:42 PM
    refugee, you must learn a few thing from alisa. alisa is a pakistani and look at his well-structured arguments. In contrast, look at you and your abusive language. When will guys you (buddyinfo, acool) learn to show restraint and be intellectuals instead of howling like mad dogs?

    Well said!



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  • dixie
    07-15 12:49 PM
    Let us be honest. A lot of us who came through body shops had to pay lawyer fee or had to take a cut in pay. Many of us had to sit in the bench for a long time with out pay. At the end of the day, not all of us are the best and the brightest but we are ready to work harder than the average Joe. With or without us this country will go forward. We are here to get a greencard and to become part of the melting pot. Please admit it my friends. I fully understands why many Americans are against us. We simply take their job. Then we insult them. Then we say, if we go back the American economy will go to hell. The companies are here for cheap labor. The congressmen who support them are the biggest receivers of their contribution. That is the reality. Let us not forget that. :D

    When did we ever insult americans ? that is purely a figment of your own imagination. If we did we wouldnt have the face to ask for reforms to the GC process the way we are doing now. We never claimed america would collapse if we departed .. but make no mistake we DO make a HUGE contribution to this country, disproportionate to our relative numbers. Low wage bodyshops are the bad apples; that is hardly representative of the EB-H1B community at large. And it is highly cynical of you to believe congressmen initiate reforms solely for contributions; while that is a factor, it can never be the sole one. The american electorate is there to give them the boot next time they ask for their votes. You still have a lot to learn about how the world works my friend.





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  • Macaca
    05-01 05:40 PM
    Why China�s Crackdown is Selective (http://the-diplomat.com/2011/04/28/why-china%E2%80%99s-crackdown-is-selective/) By Minxin Pei | The Diplomat

    For a one-party state that tolerates practically no open defiance of its authority, Beijing�s gentle handling of hundreds of striking truckers in Shanghai who had paralyzed operations at one of China�s largest container ports seems an anomaly. Instead of sending in riot police to break up the blockade last week, the authorities in Shanghai agreed to reduce fees levied on the truckers, who were angry over the charges and rising fuel prices.

    The outcome of this incident couldn�t be more different from another recent event: the arrest of Ai Weiwei, one of China�s most prominent political activists. Ai has repeatedly defied the ruling Communist Party and, despite his international stature, Beijing decided to put him behind bars, ignoring widespread international condemnation.

    The contrast between these two incidents raises an intriguing question: why does Beijing tolerate certain forms of protest, but represses others?

    One obvious reason is that it depends on the nature of the protest. As a rule, a frontal challenge to the authority of the Chinese Communist Party, as Ai�s activities embodied, practically guarantees a harsh response from the government. But protest inspired by specific economic grievances, such as truckers� ire over excessive fees, seems to fare better. In the eyes of the ruling party, the former constitutes an existential threat and so no concessions are seen as able to appease political activists rejecting the very legitimacy of the regime.

    In contrast, the discontent generated by well-defined economic grievances can be treated with specific concessions. One quote, allegedly from a sitting senior Politburo member, says it all: �What are the contradictions among the people?� the Politburo member supposedly asked. �(These contradictions) can all be solved by using renminbi.�

    But things are a little more complicated than this. The reality is that even when dealing with protests or riots fuelled by specific socioeconomic grievances, the behavior of the Chinese authorities isn�t always consistent. Sometimes, government officials pacify protesters through the use of the renminbi, while other times they mercilessly crush such protest.

    So how do we make sense of such apparent inconsistencies?

    It seems that the type of response to social protest�harsh or soft�depends on a complex mix of factors such as who the protesters are, the resources and organizational capacity at their disposal, the economic sectors in which they are located, and the social repercussions of their protest. Generally speaking, highly organized protesters (such as truck drivers, discharged soldiers and officers of the People�s Liberation Army, and taxi drivers) tend to fare better. They also possess resources that can be easily and effectively deployed. Taxi and truck drivers, for example, can use their vehicles to paralyze traffic and produce instantaneous and widespread social and economic disruptions.

    Former PLA servicemen, meanwhile, have a strong institutional identity and are well-connected with each other through ties forged during their military service. Research conducted by Chinese scholars shows that protests organized by former PLA servicemen tend to get the most attention�and the softest treatment�from the government. In contrast, protests by peasants are handled more harshly as they are less organized, possess few strategic assets, and have little impact beyond their villages.

    Another important factor is the political calculations of local officials. Despite the popular image of the Chinese state as a hierarchical, top-down system, there�s no uniform national manual for handling protests. This leaves a great deal of discretion at the hands of local officials, but it also places them in a political quandary. Whenever a mass protest erupts, local officials have to think and react fast, but deploying riot police and using force against protesters isn�t necessarily the preferred modus operandi since this could prompt an escalation in violence. Local officials who mishandle mass protests risk demotion or even dismissal, so they must calculate how to end such demonstrations peacefully and quickly, while ensuring that their actions won�t also encourage future protests. It�s a difficult balancing act.

    So what influences the political calculations of local officials?

    As I�ve said, it�s in large part the nature of the protest, the strength of the protesters, and the likely effects of the protest�all are critical variables. Local officials usually avoid using violence against protests inspired by economic discontent and organized by workers in strategic sectors (transportation and energy, for example). Another factor at play is simply the amount of renminbi available to local officials for buying off the protesters. In the case of striking truckers, the Shanghai municipal government, the wealthiest local jurisdiction in China, has plenty of money. But in poorer areas, the renminbi option just doesn�t exist.

    Another factor is media glare�the more media coverage (particularly international media coverage), the more constraints on local officials� use of force. Last, the location of the protest is key. When such protests happen in remote villages or towns, they are quickly and ruthlessly crushed. But when they occur in urban centres, the government (usually) responds more cautiously and gently.

    All this means that the happy ending for the striking truckers in Shanghai shouldn�t be taken as an encouraging precedent for workers in other sectors who might think the government will back down in the face of economic demands�however justifiable they might be.

    Minxin Pei is a professor of government at Claremont McKenna College



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  • ArkBird
    01-09 05:05 PM
    so.. by your logic, Al qaeda has declared war on the United states (they did, OBL issued that declaration some time in the late 90s) civilians die in each war, so alqaeda had every right to kill civilians in 9/11?
    Of course not! Intentional targeting of civilians is inexcusable and constitutes a war crime and we should never cease to protest it regardless if it is done by a primitive terrorist or from the comfort of an F-16.


    American Army was not hiding in World Trade Center and launching rockets on the civilians in Saudi from there. There was absolutely no target of military importance in WTC. Civilians got killed in Gaza because terrorist were hiding among them.

    Quit hiding among women and children and fight like man on battlefield.





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  • khelanphelan
    05-24 12:11 PM
    Did the brownback amendment pass with the CIR?



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  • akred
    04-07 01:35 PM
    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?

    I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

    http://www.nam.org/s_nam/sec.asp?CID=514&DID=512
    http://www.ieeeusa.org/policy/positions/researchcredit.html





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  • yibornindia
    08-05 12:19 PM
    This thread is causing unhealthy division between EB2 and EB3. This thread should be closed and people should concentrate on the call campaign instead on fighting each other.

    Yes, this thread should be closed, or else we would have IVEB2 Vs. IVEB3 division.



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  • WaitingYaar
    04-05 05:12 PM
    jung.lee

    The analysis is interesting, but this much amount has already been written off considering 100% of option ARM, and alt-ARM will fail. Furthermore, it is worth noting that if one is buying the property for personal consumption or for invetment. If for invetment, then I agree with your assesment, but if you are buying for yourself, it always a good time :-) Home sweet home!! Also always wise to pay your own mortgage than anyone else's.

    Also, if the housing goes down further, you would see a much broader threat to the economy, so i feel that all will be done to contain it. We are currently at 2004 prices, and in some areas escalations on the foreclosed properties are are being seen.... So it tells something, that buyers who have been holding the cash are started to look around. But the inventory being so high that it may some sometime. However, the interest rates may not be friendly for long because of the inflation threat and considering the risks associated with the mortgages. So, this time with low rates, and low house pricess may not last long since these two things are generally inversly proportional!!





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  • rajarao
    10-01 12:12 AM
    Day after day it seems light for faith in the system seems to be fading away.
    Its frustrating to see a statement from DOS that USCIS projections were not accurate. Are you kidding?. What they have been doing for so long?. I was also disheartened by Murthy's (murthy.com) update sympathising with USCIS. Thats non-sense.

    USCIS/DOS its time for change. How many visa numbers wasted this year?. Is the information open, why is it not transperent?. FBI name check is no longer mandatory for GC approval?. then whats happening?. Is it worth the wait for a PhD to wait for 10 years in limbo?. There are several questions that are going unanswered.

    When will DOS/USCIS get the CHANGE slogan from OBAMA?. Is Durbin going to be eclipsing this?. He may have lot of push, but I hope OBAMA will not heed to it. Afterall, everyone is free to express their opinions.



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  • Rolling_Flood
    08-05 08:35 AM
    Why did they not take the employer to court? Why make the EB2 line suffer for these employer's faults?

    If an employer wrongly files your case under EB3 instead of EB2 or EB1, then the onus is on you to challenge them and take them to court if need be.

    So an employer cheating him into applying in EB3 is an honest way?





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  • ZeroComplexity
    09-29 06:32 PM
    I completely agree with you. I don't want my tax money funding a war, period, it's morally wrong. I have thought about this a lot, my only solace is that almost half the poplulation doesn't want the war.

    Is the almost enough to elect obama to power? I hope so.

    I have been here since 1997. An Obama win may just restore my faith (which was severely damaged after Bush relection) in the average intelligence of a voter.

    I know that chances of passing of a bill favorable to skilled immigrants are greater with Republicans, but there are other issues far more important to me. For e.g. with a Republican win, the chances of "collateral damage" (deaths of innocent abroad) increase tremendously. I do not want that to be funded through my tax money. Neither do i want my child to read about "creationism" in school (despite paying for all that private school fees!). These issues are more important to me than tax cuts or getting a green card sooner. just my two thoughts...



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  • Rolling_Flood
    08-05 08:33 AM
    No i am not comparing this to labor substitution. Also, i do not think what you said is true for ALL the people trying to port to EB2 by some means.

    I intend to fight this legally and everyone else also has the same option of challenging my stand in court if they think i am wrong.

    I am just here to gauge support (not monetary support) for the lawsuit, and to see if there are some angles which i am missing that may aid me.

    Friend, How many times, you need to know that even job requirements do get rigged by lawyers and employers to accommodate ppl in eb2/eb3 ...and its not jumping the line ...the person has to restart the labor and 140 in order to change the category ...u cant compare it with labor substitution (if u r comparing !!)





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  • unitednations
    03-26 09:24 PM
    Thanks UN. Just a follow up question, how would you advise to cases where the labor was filed at client location and the employee shifted to another state right after the 140 approval. I guess in this case there is no chance of convincing USCIS about AC-21 invokation. How would you act if such query comes up? Or is there a chance to get this query these days at the time of 485 processing.? Thanks in advance. With this, I would have all my doubts clarified regarding the work location. And also, I hope it does to so many others.

    Stating the obvious: Your attorney was a knucklehead?

    USCIS hasn't gone to zero tolerance on 140/485 so it is doubtful that you will get such a query.

    Are you still on H-1b?

    If you want to bullet proof yourself then do an eb2 labor now; port the priority date and then inter-file the 485 or file new 485 on eb2 140 which would have been done appropriately. You can get your greencard dependency on the new 140 without losing much in terms of waiting and getting peace of mind.



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  • leoindiano
    03-24 08:57 AM
    Thanks for your insight. Its about time most of us here understand not to take immigration rules lightly, and I've been preaching this for the longest time already!

    People here had their own justification about "consulting". Well, this is what they get for exploiting loopholes.

    Dear Sledge_hammer,

    Dont just hammer around. The people who are doing consulting is not doing it out of their choice. It is the economy it forced some of us into consulting (fulltime to the company we work for but work for a client). In 2001, when we came out of school and tech bubble burst, there was no fulltime jobs, we were forced to do consulting. Some of my freinds who graduated in 2000 got into microsoft, oracle, cisco who didnt had damn good GPA. The guys who had 4.0 GPA and graduated a semester later didnt get those offers, coz bubble burst by that time.

    I am forced to tell you that the guys who are doing fulltime jobs working in same technology and same companies and doing same thing everyday are by no means smarter than the consultants who work in different industries, different technologies and enjoy their work. I would challenge the guys to come out and find a job faster than a consultant with same amount of experience.

    Luck By Chance doesnt give them a right to cry foul on consultants everyday....I am really sorry if i hurt anybodys feelings. I was forced by some of our fellow members. You have lot of other things to talk about. Dont blame consultants for your misery. If you are destined to suffer, you will suffer one or other way.

    I would advice all FTE's to be prepared for unexpected twists and turns in bad economy.





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  • SunnySurya
    08-06 08:51 AM
    Rolling_Flood,
    If you are willing to take action, I am with you. Don't worry about what other people are saying, it does not matter. A man got to do what he got to do.
    Let us start with taking some legal opinions. I am willing to share the cost.
    I also beleive (and firmly so) that the PD porting among categories should not be allowed.
    I am sending you my phone number in PM. Call me when you are ready and we can discuss more. Alternatively, give me your phone number as I definitly want to follow through.
    Thanks
    Sunny
    teri life mein koi accomplishment nahi hai to gussa kyun ho raha hai??!!

    haan, i cracked the JEE...........aur har kaam tere se behtar kar sakta hun....work, sports, you name it........

    saale insecure tu hai...........main to wohi karunga jo mere ko theek laga....

    take care, BUDDY!





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  • logiclife
    04-07 01:01 PM
    One possible solution is to establish a separate quotas for companies perfoming R&D in the US. Something like this already exists in the tax code where companies establish eligibility for the R&D tax credit. A similar bar could be used to administer a R&D quota for H1B or GC. That should address concerns around the quota for top US companies.

    Research institutes hiring employees for research are already exempt from H1 quota. So are non-profits and universities.

    What are you talking about?





    m306m
    01-02 12:10 PM
    This is a very sensitive and politically charged thread that has nothing to do with US immigration related matters. I am aware that there are several threads that have been opened in the past that were non-immigration related but this thread is more divisive than most.

    Understandably there is a lot of hurt and anger that is being vented here. I am from South Mumbai and frequented the Taj (Got married across from the hotel at Radio Club) so I understand the sentiment. But I prefer not vent my political beliefs, anger and frustration here, so as not to be divisive both politically and religiously.

    Lets morn for our loss, discuss politics & religion somewhere else, and move on with immigration related matters on IV.

    my 2 cents.. (Have a safe and prosperous '09)





    chanduv23
    03-25 01:48 PM
    UN,
    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.

    I heard from the grapevine that UNITEDNATIONS will be the next USCIS chief - so folks better behave with him or he wil report ya all :D :D :D :D



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